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Patna High CourtCR. MISC./19020/2024allowed

Ashok Nat v. The State Of Bihar

2024-04-02Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19020 of 2024 Arising Out of PS. Case No.-382 Year-2023 Thana- PARSABAZAR District- Patna ====================================================== ASHOK NAT S/O KAMESHWAR NAT R/O VILLAGE- KAHIRATALI, P.S- PARSA BAZAR, DISTT.- PATNA.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Kumar, Adv.

For the Opposite Party/s :

Mr.Lakshmi Kant Sharma, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 379 of the Indian Penal Code.

3. Allegedly, petitioner is said to have committed theft of electricity by connecting wire from the meter of the informant for irrigating his farm.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and he has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. Both the parties are co-villagers. The allegation levelled against the petitioner is totally false and based on concocted facts. From

Patna High Court CR. MISC. No.19020 of 2024(2) dt.02-04-2024 2/2 bare perusal of the FIR, it is evident that the place of occurrence is an open place and anyone can access the said place easily. There is no evidence on record to show the involvement of the petitioner in the alleged occurrence. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes the prayer for bail.

6. Having regard to the facts and circumstances of the case, as both the parties are co-villagers and there is general allegation against the petitioner to commit theft of electricity by connecting wire from the meter of the informant, 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 six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Parsa Bazar P.S. Case No. 382 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T