Indra Kumar Singh @ Indra Dev Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18934 of 2019 Arising Out of PS. Case No.-145 Year-2017 Thana- RAHIKA District- Madhubani ====================================================== Indra Kumar Singh @ Indra Dev Singh, Son of Late Rajdev Singh, R/o village - Dhanukhi, P.S.- Rahika, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jagnnath Singh For the Opposite Party/s :

Mr. Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 28-03-2019 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 offences punishable under Sections 147, 148, 149, 323, 341, 379, 427, 307, 324, 384, 420, 386, 406, 504 and 120B of the Indian Penal Code.

Petitioner is a government servant and allegation is that he assaulted twice with Farsa causing injury first just below the left eye and second on the left side of head. The Doctor has found two incised wounds on the left side of parietal region on the head, simple in nature. Contention is that the injury report is manufactured one for the reason that if injured was examined on 25.02.2017, there was no reason to issue injury report on 16.11.2017. Learned counsel for the informant opposed the prayer

Patna High Court CR. MISC. No.18934 of 2019(2) dt.28-03-2019 2/2 for anticipatory bail on the ground that the petitioner is an employee in the same hospital. Hence, he was instrumental in delayed issuance of the injury report, though the injured was hospitalized on 25.02.2017 itself.

Considering the entire facts of this case specially the fact that injury report does not corroborate the prosecution allegation fully, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Rahika Police Station Case No. 145 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Kundan/Rajan U T