IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27223 of 2008 GAJENDRDA KUMAR Versus STATE OF BIHAR ----------- 3. 25.9.2008 Heard the learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in connection with Dehri(T)P.S. Case No.55 of 2008 for the alleged offences registered under sections 409, 218, 201 and 193 of the Indian Penal Code. The allegation is to the effect that the petitioner, who was the Investigating Officer of Dehri (T) P.S. Case No.286 of 2004, is said to have destroyed the viscera of the victim woman entrusted to him for chemical examination in order to help the accused of the said case. It is submitted on behalf of the petitioner that there is no specific allegation against this petitioner to the effect that the viscera was at any point of time was handed over to him for sending it to chemical examination. The learned counsel submits that in course of investigation of the present case, material has come to the effect that the sample 2 of viscera was handed over to a Constable who brought the dead body for post-mortem examination, namely, Uttam Singh, who, in turn, handed over the same to the Station House Officer, namely, Yogesh Chandra and the same was kept in the Malkhana of the said Police Station. The police in course of investigation of the said Dehri (T) P.S. Case No.286 of 2004 sought for the sample of viscera for sending it for chemical examination when they learnt that the same was destroyed along with other samples of viscera by the rats in the Malkhana. As such, the submission is that the petitioner cannot be held responsible for alleged destruction of the viscera nor offence under section 409 of the Indian Penal Code could be fastened on him since no such sample of viscera was entrusted to him. The learned counsel for the State on perusal of the case diary submits that the material has come to the effect that the viscera was, in fact, handed over to the Havildar by the Doctor and the Havildar, in turn, handed over the same to the Constable, namely, Uttam Singh and thereafter said Uttam Singh handed it over to the Station House 3 Officer and thereafter it was kept in the Malkhana. There is no specific material to suggest that the viscera was handed over to this petitioner. Considering the submissions, as noticed above, and in the facts and circumstances of the case, it is directed that the petitioner Gajendra Kumar, in the event of his arrest or surrender in connection with Dehri (T) P.S. Case No.55 of 2008, within a period of four weeks from today, 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 the Chief Judicial Magistrate, Rohtas at Sasaram, in connection with the aforesaid case, on the conditions mentioned in sub-section (2) of section 438 of the Code of Criminal Procedure. PNM (Shailesh Kumar Sinha, J.)