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Patna High CourtCR. MISC./7707/2024allowed

Sonu Yadav v. The State Of Bihar

2024-02-17Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7707 of 2024 Arising Out of PS. Case No.-295 Year-2023 Thana- BRAHMPURA District- Muzaffarpur ====================================================== SONU YADAV Son of Chandra Pal Resident of Village-Amretha Nawabganj, Police Station-Nawabganj, District-Unnao (Uttar Pradesh) ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Junior Engineer, Electric Supply Department, M.I.T., Muzaffarpur, N.B.P.H. Corporation, Muzaffarpur Muzaffarpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Deepak Kumar Singh For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under Sections 279 and 427 of the Indian Penal Code and Sections 139 and 140 of the Indian Electricity Act.

3. As per prosecution case, on the alleged date of occurrence i.e. 12.11.2023 at about 5 P.M. one 14 wheeler container truck bearing registration no. NL01AH-1298 collided near Bairiya Golamber, Muzaffarpur with 11 K.V. Cable, Pole and wire causing loss of Rs. 5,52,185/- to the N.B.P.D.C. Ltd., Muzaffarpur due to which electricity of that area was hampered for 8 hours.

Patna High Court CR. MISC. No.7707 of 2024(2) dt.17-02-2024 2/2

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. The petitioner is not named in the F.I.R. rather his name has been surfaced during investigation. No one is the eye witness of the alleged occurrence and informant got information on phone by unknown person. Petitioner had no intention to harm the public property and it was not intentional. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Petitioner is languishing in judicial custody since 13.11.2023.

5. The application for bail is opposed by learned APP for the State and learned counsel for the opposite party no.2.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Electricity, Tirhut Area, Muzaffarpur in connection with Brahmpura P.S. Case No. 295 of 2023. (Sunil Kumar Panwar, J) lata/- U T