Ranjeet Kumar Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6770 of 2024 Arising Out of PS. Case No.-200 Year-2023 Thana- RAHIKA District- Madhubani ====================================================== Ranjeet Kumar Jha Son Of Shyam Ji Jha Shyam Jha R/O-Nagdah, P.S.-Arer, Distt-Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vikas Kumar Jha,Advocate For the Opposite Party/s :
Mr.Kumar Veerendra Narayan,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 17-02-2024 Heard Mr.Vikas Kumar Jha, learned counsel for the petitioner and Mr.Kumar Veerendra Narayan, learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Rahika P.S.Case No.200 of 2023 (G.R.No.1730 of 2023),FIR dated 04.09.2023 registered for the offences punishable under Sections 147, 341, 323, 325, 332, 353, 427, 504, 506, 333 of IPC and Section 139 of Electricity Act.
3. The prosecution case in brief registered on the written report of informant (Prabhakar Mishara-Assistant Executive Engineer-132/33 K.V. Grid) is that on 03.09.2023 at about 04:00 o'clock in the evening, he was in his office residence and other staffs were running the power grid then at that time Ranjeet Kumar Jha-Petitioner, Govind Jha along with
2/4 30-40 peoples came at the door of power grid. It is further alleged that when they tried to enter in grid then security guard stop them and did not allow entering in to grid then they pushed the door of the grid and entered in to the grid premises. It is further alleged that they tore up the entry register and were abusing the technical staffs saying that these are responsible for not supplying the electricity properly. It is further stated that on the information received, he came to the power grid and tried to convince them for not creating nuisance then they misbehaved with him also. It is further stated that then the villagers reached there and intervened to save and safety of the staff's of power grid and thereafter, he informed the senior officer and after getting permission to lodge F.I.R., he lodged this instant case.
4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case. Petitioner is correspondence of a reputed news agency of Mithila Region i.e. 'Mithila Sach Tak'. Further submits that in fact the petitioner has recorded interview of Engineers before the date of occurrence and from a bare perusal of the FIR it appears that there is no specific allegation against the petitioner in the FIR and the name of the petitioner has been implicated in the present case due to ulterior motive by
3/4 the informant.
5. Learned A.P.P. for the State, on the other hand, has vehemently opposed the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid facts, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000 (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1st, Madhubani in connection with Rahika P.S.Case No.200 of 2023 (G.R.No.1730 of 2023), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other following conditions:- (I) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below. (II) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
4/4 (III) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his/her criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Nitesh/- U T