IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17814 of 2010 MUKUND KUMAR SINGH Versus STATE OF BIHAR ----------- 2 20.5.2010 Heard the learned counsel Sri Ajit Kumar Singh on behalf of the petitioner, Mukund Kumar Singh who apprehends his arrest in Kahalgaon (N.T.P.C.) P.S. Case No.122 of 2010 under sections 341, 323, 504,506 and 353 I.P.C. Heard the learned A.P.P. on behalf of the State. The allegation according to the F.I.R. is that the Assistant Commandant of C.I.S.F. submitted a written report stating inter alia that in the night while the petitioner was discharging his duty without tying batch the informant finding him without proper uniform asked him to appear on 9.4.2010 before him. It is further alleged that on the said date when the petitioner was asked to put his signature on statement recorded by the informant he refused, and, therefore, altercation started between them and it is stated that the petitioner was assaulted. The learned counsel further submitted that section 353 I.P.C. was initially bailable but by amendment the said section has been made non-bailable. The offence is bailable and triable by the Magistrate. The learned counsel for the petitioner submitted that , in fact, the petitioner was assaulted by the informant and on the allegation as mentioned in the F.I.R. the petitioner has already been dismissed from his service. The learned A.P.P. has opposed the prayer for anticipatory 2 bail of the petitioner. Considering the nature of allegation and fact that the petitioner has already been dismissed from his service and in view of Annexure-2, i.e., injury report which shows that the petitioner has received injuries on, I direct the petitioner to surrender before the court below within one month from today. On surrendering the petitioner shall be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the C.J.M., Bhagalpur, subject to the condition as laid down under section 438(2) Cr.P.C. AnilKr.Sinha ( Mungeshwar Sahoo, J. )