Dharmendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7532 of 2024 Arising Out of PS. Case No.-96 Year-2022 Thana- HASPURA District- Aurangabad ====================================================== 1.

Dharmendra Kumar Son of Ganga Prasad, Resident of Village-Kharkhura Main Road, Near Hanuman Chouck, Gaya, P.S.-Kotwali, District-Gaya. 2.

Santu kumar @ Sentu Kumar Son of Ramawatar Mahto, Resident of Village-SAtmas, P.S.-Hulasganj, District-Gaya. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Shailesh Kumar, Advocate.

For the Opposite Party/s :

Mr. Nawal Kishore Prasad, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 19-02-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in connection with Haspura P.S. Case No.96 of 2022 instituted under Sections 384/385/120(B) of the Indian Penal Code and under Sections 5/6 of the Essential Services Maintenance Act and under Sections 25 (c) of the Indian Telegraph Act.

3. As per prosecution case, the informant during visit in area came to know that the petitioners and other co-accused persons are involved in shut down of 115 tower in the whole Bihar causing heavy loss to Indus Tower Company for which in different police station cases have been lodged.

4. Learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.7532 of 2024(2) dt.19-02-2024 2/2 petitioners are innocent and have been falsely implicated in this case on the basis of suspicion and there is no material against the petitioners. He further submits that petitioner has no concern with the co-accused or the owner of the tower. Learned counsel submits that petitioners have no criminal antecedent and undertakes to cooperate in the investigation and during trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount to each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad in connection with Haspura P.S. Case No.96 of 2022, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) Ritik/- U T