Rabindra Yadav @ Rajendra Yadav And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23706 of 2017 Arising Out of PS.Case No. -297 Year- 2016 Thana -KATORIA District- BANKA ======================================================

1. Rabindra Yadav @ Rajendra Yadav, S/o Tribhuwan Yadav,

2. Shambhu Yadav, S/o Tribhuwan Yadav,

3. Sanjay Kr. Yadav @ Sanjay Yadav, S/o Tribhuwan Yadav,

4. Tribhuwan Yadav, S/o Late Mouji Yadav, All resident of VillageSalaiya Karjhousa, P.S.- Katoria, District- Banka. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Assistant Electric Engineer, Electric Supply Sub. Division, Banka, P.S.- Banka, Distt- Banka.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Mukherjee, Adv. For the Opposite Party/s : Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 14-07-2017 Heard both sides.

The petitioners apprehend their arrest in Katoria P.S. Case No. 297/2016, registered for the offences punishable under Section 353 and other sections of the Indian Penal Code and section 135 of the Electricity Act.

The informant Assistant Electrical Engineer, Electric Supply Sub-Division - Banka alleged that he along with other officials went to check the theft of electric energy and found that the petitioners Rabindra Yadav, Shambhu Yadav along with others were committing theft of electric energy, on such, the petitioners and other accused persons surrounded the officials and started

Patna High Court Cr.Misc. No.23706 of 2017 (2) dt.14-07-2017 2/2 pelting stones. They also caused damage to the vehicle. Mr. Ajay Mukherjee learned counsel for the petitioners submits that Shambhu Yadav and Rabindra Yadav have already deposited the amount of fine for theft of electric energy. There is no specific allegation against the petitioners, but it appears that now-a-days it has become rampant that people take the law in their hands and started pelting stones on officials. Considering the facts aforesaid and nature of allegation made against the petitioners, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

If the petitioners surrender in the court below within four weeks from the date of receipt/production of a copy of this order and pray for regular bail, learned court below shall consider the prayer for regular bail of the petitioner on its own merit without being prejudiced by this order and dispose of the bail petition on the same day.

(Prabhat Kumar Jha, J.) Vinita/- U T