LAWS(PAT)-2006-8-46

AWADHESH KUMAR TIWARI Vs. STATE OF BIHAR

Decided On August 31, 2006
AWADHESH KUMAR TIWARI Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) HEARD .

(2.) 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 Petitioner filed an application for Anticipatory Bail, which he later on withdrawn.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.