Niraj Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14726 of 2016 Arising Out of PS.Case No. -39 Year- 2016 Thana -BEGUSARAI MUFFASIL DistrictBEGUSARAI ====================================================== Niraj Kumar, son of late Ram Adhar Rai, resident of village Aditiyapur, Rajaurha, P.S. Muffasil, District Begusarai .... .... Petitioner

Versus

1. The State of Bihar

2. North Bihar Power Distribution Company Ltd., through Sri Dhananjay Kumar Singh, Assistant Electric Engineer Electric Supply Divisional Office, Begusarai .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kalyan Shankar For the Opposite Party/s : Mr. Rana Randhir Singh(App) For O.P.No.2 : Mr. Sanjay Kumar Giri, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 29-04-2016 Heard learned counsel for the petitioners and the learned counsel for O.P.No.2.

This application for grant of anticipatory bail arises out of Begusarai Muffasil P.S.Case No. 39/2016, disclosing offences under sections 341, 333, 504, 353/34 of the Indian Penal Code The allegation against the petitioner is that he used unparliamentary language and was bent upon to assault the officials of North Bihar Power Distribution Company Ltd., Patna when they had gone at the site to disconnect electricity connection. It is submitted on behalf of the petitioner that no offence under section 333 of the Indian Penal Code is made out in the

Patna High Court Cr.Misc. No.14726 of 2016 (2) dt.29-04-2016 absence of any allegation that the petitioner caused any grievous hurt. He further submits that the other sections of the Indian Penal Code, which have been leveled against the petitioner, are bailable. Considering the facts and circumstances, this application is allowed.

Let the petitioner, abovenamed, in the event of his arrest/ surrender before the court below within six weeks from today, 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 the Chief Judicial Magistrate, Begusarai in Begusarai Muffasil P.S.Case No. 39/2016, subject to the conditions as laid down under section 438(2) of the Cr.P.C. This is subject to the condition that that the petitioner shall present himself before the police/ court, as the case may be, as and when required and in the event of failure on his part to appear before the court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Surendra/- U