Abhiram Singh v. The State Of Bihar And ORS
Patna High Court Cr.Misc. No.11587 of 2017 (2) dt.29-03-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11587 of 2017 Arising Out of PS.Case No. -198 Year- 2016 Thana -HISUA District- NAWADA ======================================================
1. Abhiram Singh, Son of Santosh Singh, Resident of Village- Bhadseni, P.S.- Hisua, District- Nawada.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. South Bihar Power Distribution Company Limited through its Managing Director.
3. Anil Kumar Bharti, Son of Vishwanath Thakur, Assistant Electric Engineer, South Bihar Power Distribution Company Limited, Nawada. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ram Prawesh Kumar For the Opposite Party/s : Mr. Sri Anil Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 29-03-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
This application, for grant of anticipatory bail, arises out of Hisua Police Station Case No. 198 of 2016, disclosing offences under Sections 379 of the Indian Penal Code and Section 135 of the Indian Electricity Act.
Learned counsel for the petitioner has submitted that the petitioner is quite innocent and has not committed any offence. In fact, there is recovery of only P.V.C. wire from the possession of the petitioner as per the seizure list. Except this nothing has been recovered from the conscious possession of the
Patna High Court Cr.Misc. No.11587 of 2017 (2) dt.29-03-2017 petitioner. Mere presence of wire does not constitute offence under Section 135 of the Indian Electricity Act, therefore, no case is made out against the petitioner. Hence, the petitioner deserves the privilege of anticipatory bail. Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, 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 learned Special Judge (Electricity), Magadh Area, Gaya, in connection with Hisua Police Station Case No. 198 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Arvind Srivastava, J) brajesh/- U T