Prem Kushwaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8156 of 2019 Arising Out of PS. Case No.-84 Year-2018 Thana- VALMIKINAGAR District- West Champaran ====================================================== PREM KUSHWAHA Son of Lakharaj Kushwaha Resident of Nawka Tola, Hawaipatti P.S. Valmikinagar, District West champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-04-2019 Heard the parties.

The petitioner is apprehending his arrest in connection with Valmikinagar P.S.Case No.84 of 2018 , registered for offences punishable under Sections 341, 323, 324, 307/34 of the Indian Penal Code.

Allegation as per the Fardbeyan is that the petitioner, who is a government servant and posted as A.P.C. in the Forest Department, was on his duty, apprehended four persons as they were taking logs, on which four persons attacked him and one boy, namely Prem assaulted him by knife causing injury to him and thereafter the accused persons fled away. Submission of the learned counsel for the petitioner is that the petitioner is aged about 60 years and he is not a boy and he has falsely been implicated in this case as his name also started with 'Prem' and he is actually 'Prem Kushwaha' and

Patna High Court CR. MISC. No.8156 of 2019(3) dt.22-04-2019 2/2 further the injury is simple in nature and he is ready to abide by any condition imposed upon him.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Sri F. Akram , J.M. Ist class, Bettiah, West Champaran in connection with Valmikinagar P.S.Case No.84 of 2018, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure with further condition that he will co-operate in the investigation; otherwise his bail bond shall be cancelled.

With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U T