IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22283 of 2009 TRIPURA NAND PARWE @ PURWE, son of Late-Madan Parwe, resident of Mohalla-Domasi, P.S. & District-Deoghar (Jharkhand). ……Petitioner Versus The State Of Bihar …..Opposite Party. ----------- 02. 27.07.2009 Petitioner apprehends arrest in Bihpur(Jhandapur) P.S. Case No. 10 of 2004 registered under Sections 302 and 201 of the Indian Penal Code read with Section 27 of the Arms Act. It appears that a dead body of a young was found. From the papers from his pocket, he was identified as Kamdeo Yadav a driver from Deoghar. On recovery of the dead body this F.I.R. was lodged. On enquiry at Deoghar, it was learnt that he was driving a vehicle and carrying two persons from Deoghar to Bhagalpur. The petitioner who is a Panda of Deoghar was then questioned. Therefore, from the records brought out, the said petitioner identified two persons who were come to him for performing Puja and wanted to hire a taxi. On information from the petitioner of two persons who hired the taxi, they were then arrested. They disclosed that the taxi was sold and who had murdered the driver. On completion of investigation police submitted charge sheet against those persons but not this petitioner and thereafter the investigation was closed. All those persons who hired taxi, who murdered the driver and to 2 whom the taxi was sold were specifically charged of the offences and were acquitted by the learned 3rd Additional Sessions Judge, Naugachia by judgment dated 23rd of October, 2008 in Sessions Trial No. 525 of 2004 arising out of G.R.No. 49 of 2004. After the said judgment it appears that on 02.03.2009 in the same very case i.e. G.R. No. 49 of 2004 Jhandapur Officials of Bihpur P.S. now file applications for arrest of the petitioner. It is under these circumstances that the petitioner has now moved for Anticipatory bail. Considering the facts that at the first instance though petitioner was very much before the police. He was not charge sheeted and once charge sheeted accused were left out and acquitted without having received investigation, after acquittal of the main accused they sought arrest of the petitioner who is not directly concerned with this case, I deem it fit and proper to direct the petitioner on Anticipatory bail. Let the petitioner namely Tripura Nand Parwe @ Purwe, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on Anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Naugachia(Bhagalpur) in connection with Bihpur(Jhandapur) P.S. Case No. 10 of 2004 subject to the 3 conditions as laid down under Section 438(2) of the Cr. P.C. Shageer (Navaniti Prasad Singh, J)