1 IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46584 of 2008 SHYAM KISHORE SINGH SON OF LATE SRI NARAYAN SINGH RESIDENT OF VILLAGE CHAMPAPUR,POLICE STATION BAKHTIYARPUR,DISTRICT PATNA AT PRESENT FOREST CONSTABLE, FOREST DEPARTMENT KHAGARIA, POLICE STATION AND DISTRICT KHAGARIA Versus STATE OF BIHAR ----------- 2/ 2.2.2009 Heard learned counsel for the parties. The petitioner apprehends his arrest in a case which has been registered for offences under Sections 379,386 and some other Sections of the Indian Penal Code. Initially a complaint case was filed which was referred to police and thereafter, present case has been registered. In the complaint petition, the complainant has alleged that he was assaulted by the petitioner and others. They have taken away Rs.2100/- and snatched a wrist watch. Submission is that the petitioner is a Constable in Forest Department and when he was on duty the complainant being a carpenter tried to indulged in illegal transportation of timber, he objected and for that he was brutally assaulted. Thereafter he was hospitalized where he gave his fardbeyan on 20th May, 2008 which resulted in Khagaria (Gangaur) P.S.Case No. 255 of 2008 under Section 307 and other Sections of the Indian Penal Code in which the complainant is one of the accused and the present case has been lodged only with a view to pressurize the petitioner. It appears that the case of the petitioner was registered prior to the present case. Considering the facts and circumstances of the case, this application is allowed. The above named 2 petitioner is directed to surrender before the court below within twenty days from the date of receipt/production of a copy of this order and on his so surrendering, he shall 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 Railway Judicial Magistrate, Khagaria in Khagaria Rail P.S.Case No. 28 of 2008, G.R.(R) No. 61 of 2008 subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure. Tahir/- ( Shyam Kishore Sharma, J.)