Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48949 of 2016 Arising Out of PS.Case No. -165 Year- 2016 Thana -TRIVENIGANJ District- SUPAUL ====================================================== Santosh Kumar, Son of Late Brij Nandan Sinha, Resident of village - Lalpatti ( infront of Referal Hospital Triveniganj ), P.S.Triveniganj, District Supaul .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun Kumar Jha For the Opposite Party/s : Mr. Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 28-02-2017 In this case, petitioner was granted anticipatory bail on 08.02.2017, but on that date, order was created and pronounced in Cr. Misc. No. 49949 of 2016 inadvertently in place of Cr. Misc. No. 48949 of 2016 (present case). The same is recalled. The order dated 08.02.2017 passed in the present case is as follows :

"Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Triveniganj P.S. Case No. 165 of 2016 registered under sections 447, 353, 504, 506, 385 of the I.P.C.

The allegation against the petitioner is of

Patna High Court Cr.Misc. No.48949 of 2016 (3) dt.28-02-2017 2/3 making hindrance in smooth functioning of the hospital. It is also alleged that he used to abuse and give threatening to the doctors and nurses and also demanding Rangdari.

Learned counsel appearing on behalf of the petitioner submits that it would appear from Annexure Nos. 1, 2, 3 and 4 that petitioner, being a social activist, had raised the objections against negligence of the informant and his subordinate in duty and also defalcation of huge amount. He also asked the detailed information from the R.T.I. Act and ultimately, petitioner filed a Complaint Petition against the informant before the S.D.M.-cum-Public Grievance Redressal Forum stating about the defalcation of public money done by the informant. Thereafter, the petitioner has been made accused in this case with false allegation by the informant. Further submission is that petitioner has no criminal antecedent.

Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a

Patna High Court Cr.Misc. No.48949 of 2016 (3) dt.28-02-2017 3/3 period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the A.C.J.M.-1st, Supaul in connection with Triveniganj P.S. Case No. 165 of 2016 subject to the condition as laid down under Section 438(2) of the Cr. P.C." The time to surrender of the petitioner before the Court below is further extended by four weeks from today. Let the order be communicated through E.mail to the concerned Court immediately.

(Arvind Srivastava, J) Shailendra/- U T