Awadhesh Kumar Tiwari vs The State of Bihar

Barin Ghosh, J.—Heard. A First Information Report was lodged against the petitioner. This First Information Report was lodged by the Executive Magistrate at the direction of the District Magistrate. Petitioner filed an application for Anticipatory Bail, which he later on withdrawn. Subsequently, he filed a writ petition and succeeded in the writ petition. The Writ Court quashed the order by which the District Magistrate directed the Executive Magistrate to lodge the First Information Report against the petitioner. Despite that, it is surprising that the First Information Report claims to be alive that has given rise to a new cause of action to apply for Anticipatory Bail afresh. The writ court having found that there was no just reason for lodging the First Information Report, I think a clear case for Anticipatory Bail has been made out by the petitioner.

Accordingly, the application is allowed. Let the petitioner namely, Awadhesh Kumar Tiwari be enlarged on bail, in the event of his arrest or surrender within six months, upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge Vigilance, North Bihar, Muzaffarpur in connection with Bettiah (town) P.S. Case No. 445 of 2005 subject to the conditions as laid down u/s 438 of the Code of Criminal Procedure.