Santosh Rai And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.37974 of 2016 (2) dt.23-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37974 of 2016 Arising Out of PS.Case No. -18 Year- 2015 Thana -TISIAUTA District- VAISHALI(HAJIPUR) ======================================================

1. Santosh Rai Son of Ram Prasad Rai

2. Rajiv Kumar Sah Son of Mahesh Sah Both resident of Village- Sastaul, P.S. Tisiauta, District- Vaishali. ...................................................................Petitioners

Versus

1. The State of Bihar ... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Kumar For the Opposite Party/s : Mr. Sri Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 23-09-2016 Heard learned counsel for the petitioners and learned counsel representing the State.

The petitioners seek bail in connection with Tisiauta P.S. Case No. 18 of 2015 registered for the offences punishable under Sections 341, 323, 353/34 of the Indian Penal Code. Allegedly, the petitioners and other two FIR named accused persons along with their unknown associates did not allow to connect LT line and misbehaved with the official, line man and further cut away the wire.

Submission is of false implication and that there is no specific allegation against the petitioners, further as to who has been assaulted by whom it is also not specific rather the villagers have protested the act of the officials of electricity department and the petitioners and two others have been named, resulting, the

Patna High Court Cr.Misc. No.37974 of 2016 (2) dt.23-09-2016 petitioners are suffering in custody since 23.07.2016 and as such they deserve sympathetic consideration to which the learned APP opposes.

In the facts and circumstances stated above, considering that there is no specific allegation against the petitioners, the petitioners above named are directed to be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-9, Vaishali at Hajipur in connection with Tisiauta P.S. Case No. 18 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioners shall remain present on each and every date during trial and the default on two consecutive dates on their part without any reason shall disentitle the petitioners from privilege of bail. (Jitendra Mohan Sharma, J) avin/- U T