Pankaj Kumar Sah v. The State Of Bihar Through The Chairman South Bihar Power Distribution Company Ltd. Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14276 of 2023 Arising Out of PS. Case No.-176 Year-2022 Thana- ASARGANJ District- Munger ====================================================== Pankaj Kumar Sah Son Of Late Laddu Saw R/O Village- Pildauri, Bind Tola, P.S.- Sultanganj, District- Bhagalpur ... ... Petitioner/s

Versus

The State Of Bihar Through The Chairman South Bihar Power Distribution Company Ltd. Bihar, Patna Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sharda Nand Mishra For the Opposite Party/s :

Mr. Vinay Kirti Singh For the O.P. No.2 :

Mr. Ajay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-08-2023 Hear learned counsel for the parties.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 379, 411, 34 of the Indian Penal Code and sections 46/47 of the Electricity Ac t

3. As per prosecution case, the informant alleged that the petitioner along with others committed theft of electric wolf conductor wire from 11 span pole till 1 k.m. When the informant reached there and apprehended the petitioner who is sitting in a vehicle with wolf conductor wire and handed over to the police.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.14276 of 2023(4) dt.08-08-2023 2/2 falsely been implicated in this case. The petitioner has no concern with the alleged recovery or with the vehicle in which he was alleged to be sat. it is further submitted that this case is triable by Court of Judicial Magistrate. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 12.12.2022.

5. Learned APP appearing for the state and learned counsel for S.B.P.D.C have opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Asarganj P.S. Case No. 176 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Munger.

(Sunil Kumar Panwar, J) Amandeep/- U T