Pawan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31697 of 2024 Arising Out of PS. Case No.-296 Year-2023 Thana- MANIYARI District- Muzaffarpur ====================================================== Pawan Sah, Son of Jagannath Sah Village- Jagdishpur P.O.- Ratnauli, P.S.- Maniyari, Dist- Muzaffarpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Vijay Kumar son of Late Radha Krishna Sharma Junior Electricity Engineer North Bihar Power Distribution Company Ltd., R/o-Vill. and POAtaullahpur PS- lalganj Dist- Vaishali ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhananjay Kumar Singh, Advocate For the Opposite Party/s :

Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 28-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. In this present case, the petitioner is apprehending his arrest in connection with Maniyari P.S. Case No. 296 of 2023, registered for the alleged offences under Sections 341, 342, 420, 323, 353, 504 and 506/34 of the Indian Penal Code.

3. As per prosecution case, the informant and other officials of North Bihar Power Distribution Corporation Limited disconnected the electricity connections of two of the consumers due to outstanding dues. The petitioner and co-accused threatened the informant and other officials and started forcing them to re-connect the disconnected electricity connections.

Patna High Court CR. MISC. No.31697 of 2024(4) dt.28-06-2024 2/3 They also snatched the mobile phone and keys of motorcycle and returned the mobile phone after deleting their act of threatening and manhandling which was recorded by the informant.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Petitioner has nothing to do with the disconnected connections. Being a neighbour, the petitioner intervened and asked the officials to accept the payment in installments and some altercation took place and this false case came to be lodged. Learned counsel further submits that except for allegation levelled by the informant, there is nothing against this petitioner. The petitioner is having clean antecedent.

5. Learned APP opposes the prayer for anticipatory bail submitting that there is specific allegation against the petitioner and co-accused that they threatened the raiding party and also manhandled him.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the completely vague nature of allegation against the petitioner coupled with possibility of false implication, let the petitioner above named, in the event of his arrest or surrender before the

Patna High Court CR. MISC. No.31697 of 2024(4) dt.28-06-2024 3/3 court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount to the satisfaction of learned J.M. 1st Class, (West) Muzaffarpur/concerned court in connection with Maniyari P.S. Case No. 296 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(Arun Kumar Jha, J) Ashish/- U T