Niranjan Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29021 of 2015 Arising Out of PS.Case No. -50 Year- 2015 Thana -BHAGWANPUR District- BEGUSARAI ======================================================
1. Niranjan Choudhary Son of Late Upendra Choudhary, resident of village - Tejpur, Police Station - Bhagwanpur, District - Begusarai. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Satya Prakash For the Opposite Party/s : Mr. Amrendra Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 30-07-2015 Supplementary affidavit is filed on behalf of the petitioner.
Heard learned counsel for the petitioner, learned counsel appearing for the Electricity Board as well as learned Additional Public Prosecutor for the State.
Petitioner apprehends his arrest in connection with Bhagwanpur P.S. Case No. 50 of 2015 registered for the offence punishable under Section 135 of the Electricity Act, 2003. It is admitted case of the prosecution that illegal electric connection was taken for running Vodafone Tower but it is surprisingly enough that the said company has not been made accused in this case. Moreover, the stand of the petitioner is that he had given his premises for installation of Vodafone Tower on
Patna High Court Cr.Misc. No.29021 of 2015 (2) dt.30-07-2015 2/2 rent and to fortify the aforesaid contention, he drew my attention towards Annexure-3 to the supplementary affidavit. Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri R.K. Dwivedi, Judicial Magistrate 1st Class, Begusarai in Bhagwanpur P.S. Case No. 50 of 2015 subject to condition as laid down under Section 438(2) of the Cr.P.C.
(Hemant Kumar Srivastava, J) SHAHZAD/- U T