Amit Agrawal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr. Misc. No. 21508 of 2020 ======================================================
1. Amit Agrawal, son of Late Sant Agrawal
2. Ajit Agrawal @ Ajit Kr. Agrawal, son of Late Sant Agrawal
3. Anshu Agrawal @ Anshu Kr. Agrawal, son of Sri Kailash Agrawal
4. Deepak Sharma @ Deepak Kr. Sharma, S/o Shiv Prasad Sharma All resident of Bageshwari Road, Near Oil Mill, P.S.-Sadar, DistrictPurnea. ... ... Petitioners
Versus
The State of Bihar .. ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr. N.K.Agrawal, Senior Advocate Mr. Dhananjay Nath Tiwari, Advocate For the Respondent State:
Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 24-07-2020 Heard Mr. N.K.Agrawal, learned senior counsel appearing on behalf of the petitioners and Mr. Sanjay Kumar, learned Additional Public Prosecutor, for the State of Bihar. This application for grant of anticipatory bail arises out of Sadar Purnea P.S. Case No. 100 of 2020, registered for the offence punishable under Sections 341, 342, 323, 353, 504 and 506/34 of the Indian Penal Code.
Junior Engineer of Electric Supply Branch, Gulabbagh, is the informant. It is alleged that he had gone to the premises of these petitioners for disconnection of electricity supply because of non-payment of dues. It is alleged that the petitioners, with the help of local people, confined the informant for a while and they assaulted him also. It was only after
intervention of the Assistant Engineer that the informant was released from the clutches of the accused persons. Learned senior counsel appearing on behalf of the petitioners has submitted that the petitioner No.1 runs the business of computer and computer parts, whereas petitioner No. 2 holds licence for dealing in fertilizer at Purnea. Petitioner No.3 is cousin of petitioner No.1 and helps in his business, whereas petitioner No. 4 is a carpenter. He has submitted that possibility of some altercation between the petitioners and Junior Engineer may not be completely ruled out, but the petitioners, being businessmen, would not have engaged themselves into such activities as alleged in the First Information Report. He has submitted that the Petitioners No. 1 and 3 have paid full and final amount of electricity bill of Rs.47,868/- and Rs.24,614/- respectively.
Be that as it may, considering the nature of allegation, this application is allowed.
Let the petitioners above named, in the event of their arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Purnea, in Sadar Purnea P.S. Case No. 100 of 2020, subject to the
conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled. It is indicated that defect, if any, shall be removed within two months.
Since there is a lock down, the Court has considered it appropriate to adopt following procedure for communication of the present order :- (i) The order, which has been dictated during the course of the proceedings of virtual Court, shall be communicated to me on my e-mail I.D. by the Secretary. (ii) The corrected copy of the order shall be transmitted by me from my e-mail I.D. to the Secretary, which shall be treated to be the authentic copy of the order passed by this Court today in the present proceeding.
(iii) Hard copy of the order, duly signed by me, shall be preserved in my residential-office for documentation and future use, if any.
(iv) Let a copy of the order be communicated to the
learned Court below through e-mail or any other appropriate electronic mode by the Registry.
Let steps be taken by the Registry for uploading of the present order without compromising with the norms of social distancing.
(Chakradhari Sharan Singh, J) Pawan/- U T