Kaushal Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47708 of 2018 Arising Out of PS. Case No.-174 Year-2018 Thana- HARNAUT District- Nalanda ====================================================== Kaushal Prasad Singh, S/o Late Kailash Prasad, R/o Village- Geruari, P.S.- Bakhtiyarpur, District- Patna.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dharmendra Kumar, Advocate For the Opposite Party/s :

Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Harnaut P.S. Case No.174 of 2018 instituted for the offence under Section(s) 379/34 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that petitioner was posted as Pharmacist in the aforesaid Primary Health Centre. He has no concern with the injury register, emergency register, O.P.D. register etc. Learned counsel for the petitioner has further submitted that, in fact, he has earlier filed Sanha for missing of those registers before the police on 30.5.2018 and also reported the matter to the Medical Officer on the same day. The Medical Officer has directed the petitioner to lodge FIR but prior to lodging of the FIR by this petitioner, the instant FIR has been lodged by the informant, who is incharge Medical Officer making petitioner as one

Patna High Court Cr.Misc. No.47708 of 2018(2) dt.23-08-2018 2/2 of the accused in this case.

In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Harnaut P.S. Case No.174 of 2018, 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 the Chief Judicial Magistrate, Nalanda at Biharsharif, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions:(1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if 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) shyambihari/- U T