IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4284 of 2009 DHRUP TIWARI @ DHRUP DEV TIWARI Versus STATE OF BIHAR For the petitioner : Mr. Ashutosh Ranjan Pandey, Advocate For the State : Mr. Choubey Jawahar, APP ----------- 2 30.04.2009 Heard both sides. The sole petitioner has approached this Court seeking anticipatory bail in a case instituted under sections 302/34 of Indian Penal Code. As per the allegation in the F.I.R., four persons specifically named therein assaulted the son of the informant in a very gruesome manner resulting in his death after few hours. In the concluding paragraph, the informant has alleged that all the accused persons thereafter assaulted the son. The expression all the accused persons, therefore, includes the petitioner who figures at Sl. No. 5 of the complaint which was subsequently treated as F.I.R.. Counsel for the petitioner draws attention of this Court to Annexure-2 and 3 in order to submit that only few days after the institution of the complainant, an application was filed by the complainant/informant in the court stating that by mistake name of the petitioner has been incorporated in the complaint. Counsel for the petitioner submits that there are other documents on record to show that the name of the petitioner was wrongly incorporated in the complaint. It is further contended that the matter is still under investigation and the stand of the informant 2 shall be vindicated in course thereof. It is further highlighted that absolutely there is no specific allegation of assault assigned to this petitioner in the whole of complaint. Having considered the submissions and after going through the records, this Court is persuaded to extend him the privilege of anticipatory bail. In the event of arrest or surrender in the court below within a period of four weeks, the petitioner abovenamed is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two local sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Chapra in connection with Taraiya P.S. case no.. 77/2006 subject to the condition as laid down under section 438(2) of Cr.P.C. pkj ( Kishore K. Mandal, J. )