Arvind Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6268 of 2017 Arising Out of PS.Case No. -263 Year- 2016 Thana -BAHERA District- DARBHANGA ====================================================== Arvind Kumar, son of Laxmi Nath Thakur, Resident of Village - Poghian, Police Station - Lalganj, District - Vaishali, Presently working as a Jailor, Benipur Sub Jail, Police Station - Bahera, District - Darbhanga. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Awadhesh Kumar Singh, Adv. For the Opposite Party/s : Mr. Sri M.K. Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-02-2017 Heard the parties.

The petitioner apprehends his arrest in Bahera P.S. Case No.263 of 2016 registered for the offences punishable under Sections 341, 188, 186, 353 and 504 of the Indian Penal Code. It is submitted that the petitioner is a jailor at Benipur and FIR has been lodged on the written report of the Peon of the jail stating that petitioner was abusing him and tried to kill. Learned counsel for the petitioner submits that the allegation against the petitioner is false and concocted and no such occurrence has been taken place. He also submits that the petitioner is a government servant.

Heard learned A.P.P. also.

Having heard both sides and in view of the

Patna High Court Cr.Misc. No.6268 of 2017 (2) dt.17-02-2017 allegation as mentioned in the FIR and considering the fact that the petitioner is a government servant, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Benipur, Darbhanga in connection with Bahera P.S. Case No.263 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner shall cooperate in the investigation and make himself available as and when required by the police and on the event of failure on his part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) Arvind/- U T