Dr. Md. Equbal Haider @ Md. Eqwal Haider v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.658 of 2018 Arising Out of PS.Case No. -266 Year- 2016 Thana -GHOSI District- JEHANABAD ====================================================== Dr. Md. Equbal Haider @ Md. Eqwal Haider, S/o Md. Azimuddin Haider, resident of Mohalla- Dujra, P.S.- Gandhi Maidan, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar, Advocate. For the Opposite Party/s : Mr. Satyendra Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 16-02-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Ghoshi (Okari) O.P. P.S. Case No. 266 of 2016 instituted for the offence under Sections 409 and 420 of the Indian Penal Code. Learned counsel for the petitioner has submitted that he is not named in the written report.

In the written report it is alleged that one Ramesh Kumar Sharma, who was posted at Okari Primary Health Centre as Clerk, was transferred to Sonwa Primary Health Centre, but he did not hand over the charge of the important records. The inventory was prepared before the Magistrate and some documents were found missing which was informed to Civil Surgeon, Jehanabad. It is alleged that in spite of issuance of order

Patna High Court Cr.Misc. No.658 of 2018 (3) dt.16-02-2018 2/3 by the Civil Sergeon, Jehanabad, the said Ramesh Kumar Sharma neither made the records available nor he communicated any correspondence. Thereafter, case has been lodged making allegation against Ramesh Kumar Sharma who was posted at Okari Primary Health Centre. During investigation the name of this petitioner has also been added by the police being the Incharge, Medical Officer of the aforesaid Primary Health Centre. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Ghoshi (Okari O.P.) Case No. 266 of 2016, he shall be released on anticipatory bail on furnishing bail bond of Rs.

10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Mukesh Kumar Mishra, learned Sub Divisional Judicial Magistrate, Jehanabad, subject to the conditions as laid down under Section 438 (2) Cr. P.C.

Patna High Court Cr.Misc. No.658 of 2018 (3) dt.16-02-2018 3/3 petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) S.Ali/- U T