Kaushal Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9613 of 2020 Arising Out of PS. Case No.-166 Year-2019 Thana- SIDHWALIYA District- Gopalganj ====================================================== KAUSHAL SINGH son of Arjun Singh Resident of Village - Gangwa, Police Station - Sidhwalia, District - Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Javed Aslam For the Opposite Party/s :

Mr.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-10-2020 This case has been heard through video-conferencing. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 323, 504, 506, 379, 353 of the Indian Penal Code.

Prosecution case is that informant being Home Guard was on duty together other guard at PHC, Sidhwalia. On the alleged date and time of occurrence, patient came at the centre for delivery to whom the doctor referred her to Sadar Hospital and in that course, petitioner along with 2-3 unknown persons became adamant to assault the doctor and ambulance driver and informant along with other guard rushed to rescue them, they were brutally assaulted by them, their uniform was torn and Rs. 700 was taken away. Petitioner gave threatening of dire consequences and made hindrance in discharging their

Patna High Court CR. MISC. No.9613 of 2020(5) dt.06-10-2020 2/2 Government.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. He submits that as a matter of fact, petitioner filed a complaint case bearing no. 2770 of 2019 and informant has lodged this false case in order to lay criminal pressure upon the petitioner. He submits that occurrence has taken place on 01.09.2019 but FIR lodged on 04.09.2019 and there is no explanation for three days delay. He further submits that petitioner has no criminal antecedent.

In the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.20,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Gopalganj in connection with Sidhwalia Police Station Case No. 166 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

devendra/- (Anjani Kumar Sharan, J) U T