Dr. Sushil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1115 of 2018 Arising Out of PS.Case No. -90 Year- 2017 Thana -RAUTA District- PURNIA ====================================================== Dr. Sushil Kumar, Son of Sury Narayan Yadav, resident of Village- Amari Dharhara, Police Station- Murliganj, District- Madhepura. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Binod Kumar Sinha, Advocate For the Opposite Party/s : Smt. Anusuiya Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 18-01-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Rauta P.S. Case No.90 of 2017 registered under Sections 420 and 188 of the Indian Penal Code.

It is submitted by the learned counsel for the petitioner that even if the entire allegations made in the FIR are taken to be true, the ingredients of the offences alleged would not be attracted in the present case. He submitted that at best for the alleged inaction on the part of the petitioner, a disciplinary proceeding could have been initiated, but by a colourable

Patna High Court Cr.Misc. No.1115 of 2018 (2) dt.18-01-2018 exercise of power, a criminal prosecution has been launched. Regard being had to the nature of allegations and the submissions made above, in the event of arrest or surrender in the court below within six weeks from today, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-II, Purnea in connection with Rauta P.S. Case No. 90 of 2017 subject to the conditions as laid down under Section 438(2) Cr. P.C.

(Ashwani Kumar Singh, J.) Sanjeet/- U T