Sarwan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3245 of 2023 Arising Out of PS. Case No.-466 Year-2022 Thana- SAUR BAZAR District- Saharsa ====================================================== SARWAN KUMAR S/O HASIM GADDI Resident of Village- Baijnathpur, P.S.- Sour Bazar, District- Saharsa.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

THE NORTH BIHAR POWER DISTRIBUTION CO. LTD. THROUGH ASSISTANT ELECTRICITY ENG. ELECTRICITY SUPPLY. Saur Bazar, Saharsa.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey For the State :

Mr. Sanjay Kumar Tiwary For the Opposite Party No.2.

:

Mr. Mukti Nath ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 03-04-2023 Heard learned counsel for the petitioner, the learned A.P.P. for the State and learned counsel appearing on behalf of the opposite party no.2.

The petitioner apprehends arrest in connection with Sour Bazar P.S. Case No. 466 of 2022 registered under Sections 379, 411 of the Indian Penal Code and 136 of the Indian Electricity Act.

Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in the present case due to ulterior motive. Further he submits that from perusal of seizure list, it is apparent that the alleged recovery has been made on the road going towards

Patna High Court CR. MISC. No.3245 of 2023(2) dt.03-04-2023 2/2 Saharsa. It is also submitted that the seized vehicle, from which the alleged oil was recovered, does not belong to petitioner. Petitioner has no criminal antecedent.

Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing personal bond to the satisfaction of the Judicial Magistrate, 1st Class, Saharsa in connection with Sour Bazar P.S. Case No. 466 of 2022, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

shailendra/- (Arvind Srivastava, J) U T