Ajay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28378 of 2024 Arising Out of PS. Case No.-509 Year-2023 Thana- RIGA District- Sitamarhi ====================================================== 1.
Ajay Kumar Son of Late Deo Narayan Singh Resident of Village- Kusahi, P.S.- Bithan, Dist.- Samastipur 2.
Nishesh Kumar Singh @ Nishesh Kumar Son of Biresh Prasad Singh @ Brajesh Prasad Singh @ Viresh Prasad Singh Resident of Village- Rampur Barahi, Police Station- Riga, Dist.- Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Karandeep Kumar, Advocate For the Opposite Party/s :
Mr.Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 14-05-2024
1. Heard learned counsel for the petitioners as well as learned APP for the State.
2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 323, 341, 354, 379, 504, 506 and 34 of the Indian Penal Code in connection with Riga P.S. Case No.509 of 2023.
3. The learned counsel for the petitioners submit that petitioner no.1 has antecedent of one case which was instituted by the instant informant and petitioner no.2 is a person with clean antecedent.
Patna High Court CR. MISC. No.28378 of 2024(2) dt.14-05-2024 2/3
4. It is next submitted that petitioner no.1 is a junior engineer posted with the electricity department and petitioner no.2 is an employee of the electricity department. It is next submitted that since the husband of the informant was indulging in committing theft of electricity as such Riga P.S. Case No.36 of 2023 was instituted under Section 135 of the Electricity Supply Act, 2003 against the husband with an allegation that on account of theft committed by him electricity department was put to loss of Rs.47,700/-. It is submitted that the informant in order to coerce the petitioner into submission instituted the instant FIR with an allegation that the accused persons including the petitioner came to her house in absence of her husband and started uprooting the electricity meter and when same was objected she was assaulted.
5. The learned APP opposes the anticipatory bail application.
6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on anticipatory bail on their furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
Patna High Court CR. MISC. No.28378 of 2024(2) dt.14-05-2024 3/3 amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Sitamarhi in connection with Riga P.S. Case No.509 of 2023., subject to the conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
(Satyavrat Verma, J) Prakash Narayan U T