Srikant Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75352 of 2018 Arising Out of PS. Case No.-58 Year-2010 Thana- DAUDNAGAR District- Aurangabad ====================================================== Srikant Sharma S/o Baktesh Sharma @ Banktesh Sharma, Resident of Village- Pema, P.S. Goh, District- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Singh For the Opposite Party/s :

Mr.Smt. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-01-2019 Heard both sides.

The petitioner apprehends his arrest in Daudnagar P.S. Case No.58 of 2010 registered under Sections 353 and 504 of the Indian Penal Code.

The informant is police officer of Goh police station alleged that while he and other police officials were bringing Srikant (petitioner) for remand in Goh P.S. Case No.58 of 2010, the petitioner abused the informant and other police officials. Learned counsel for the petitioner submits that Daudnagar P.S. Case No.58 of 2010 was registered on 26.04.2010 when the petitioner was in jail/police custody in connection with Goh P.S. Case No.58 of 2010 but police did not remand the petitioner in the present case. The petitioner

Patna High Court Cr.Misc. No.75352 of 2018(3) dt.10-01-2019 2/2 remained in jail and faced the trial in Goh P.S. Case No.58 of 2010 and thereafter he was acquitted on 31.08.2018. Having considered the facts that while the petitioner was in custody, he is said to have abused the informant and other police officials for which Daudnagar P.S. Case No.58 of 2010 was registered but the police did not take any step for remand of the petitioner, who was in custody in connection with Goh P.S. Case No.58 of 2010, in the present case, the petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs.

10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Daudnagar, Aurangabad in connection with Daudnagar P.S. Case No.58 of 2010, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.