Jai Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12801 of 2020 Arising Out of PS. Case No.-271 Year-2019 Thana- GORAUL District- Vaishali ====================================================== JAI KUMAR Son of Binod Shankar Bhagat Resident of Village - Mathnamal, @ Mathna Malik, P.S.- Garoul (Kathara O.P), Dist.- Vaishali at Hajipur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Chief Managing Director, North Bihar Power Distribution Company Ltd., Patna. Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anish Chandra For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 02-07-2020 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel appearing for North Bihar Power Distribution Company Ltd. through video conferencing.

The petitioner apprehends his arrest in connection with Goraul (Kathara O.P) P.S. Case no. 271 of 2019, registered under Section 147, 341, 323, 353, 379, 427, 506 and 504 of the Indian Penal Code.

The accusation is that nine persons named in the F.I.R., including the petitioner, and 25-30 unknown, forcibly, entered in the Power House and started to abuse the officials of the power house, on intervention, they damaged the materials

Patna High Court CR. MISC. No.12801 of 2020(2) dt.02-07-2020 2/2 worth of Rs. 1,50,000/-.

Learned counsel for the petitioner submits that while petitioner is named in the F.I.R. along with eight others, but, no specific overt act has been attributed against the petitioner. Further submission is that similarly situated coaccused Nathuni Thakur and Amarjeet Ram have already been allowed privilege of pre-arrest bail by a co-ordinate Bench of this Court vide Criminal Miscellaneous No. 70136 of 2019 on 15.11.2019. The petitioner has no criminal antecedent. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M-I, Vaishali at Hajipur in connection with Goraul P.S. Case No. 271 of 2019, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T