Raj Kumar Prasad @ Raj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68321 of 2019 Arising Out of PS. Case No.-171 Year-2019 Thana- LAHERIMUHALLA District- Nalanda ====================================================== RAJ KUMAR PRASAD @ RAJ KUMAR Son of Sri Bhola Prasad Resident of Village- Bramanpura, P.S.- Bikram, District- Patna at present T.B. Assistant, Primary Health Centre, Giriyak, P.S.- Giriyak, District- Nalanda. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Naresh Chandra Verma For the Opposite Party/s :

Mr.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 27-11-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Laheri P.S. Case No. 171 of 2019 for the offence punishable under Sections 341, 323, 353, 379 and 392 of the Indian Penal Code.

A complaint petition is the basis for registration of the First Information Report at the instance of a Dealing Assistant, working in the District T.B. Centre, Biharsharif, Nalanda. The petitioner is said to be working as an Assistant in the same Centre. It appears that in course of certain official transactions between them, the alleged occurrence had taken place. It is alleged against the petitioner that he had vandalized articles in the office and tore official papers. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.68321 of 2019(2) dt.27-11-2019 2/3 petitioner has submitted that prior to lodging of the First Information Report, the petitioner had filed a First Information Report in January, 2019, in which the informant is an accused. He submits that had he indulged in such activities, as alleged in the First Information Report, a departmental proceeding would have been initiated against him for the occurrence in question by his disciplinary authority. He has submitted that it is because of some dispute in the office that a criminal case has been lodged. Considering the facts and circumstances, particularly the fact that the petitioner is a government employee and there is least chance of his fleeing away from the course of investigation or trial, this application is allowed.

Let the petitioner above named, in the event of his arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Nalanda at Bihar Sharif, in Laheri P.S. Case No. 171 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as

Patna High Court CR. MISC. No.68321 of 2019(2) dt.27-11-2019 3/3 and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Pawan/- U T