Aman Kumar Bharti v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46731 of 2016 Arising Out of PS.Case No. -98 Year- 2016 Thana -BANMANKHI District- PURNIA ====================================================== Aman Kumar Bharti Son of Bhupendra Yadav Resident of villageKhutahri, P.S Banmankhi District Purnea. .... .... Petitioner/s
Versus
1. The State of Bihar
2. The Managing Director ,North Bihar Power Distribution Company Limited, Vidyut Bhawan, Patna.
3. The Junior Electrical Engineering Electric Supply Section, Banmankhi, District Purnea.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bijendra Kumar Singh, Adv. For NBPDCL : Mr. Binod Kumar, Adv. For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 07-12-2016 Heard both sides.
The petitioner apprehends his arrest in Banmankhi P.S. Case No. 98/2016, registered for the offences punishable under Sections 341, 353, 323, 504 and 34 of the Indian Penal Code. The informant alleged that Vijay Kumar Sharma and Pankaj Kumar Das fitters of the Company went to connect 11 KVA wire and to connect the Jumper, but the petitioner began to abuse and assaulted the fitters.
Learned counsel for the petitioner submits that some verbal altercation took place. No offence under Section 353 of the Indian Penal Code is made out, as the fitters of a Holding
Patna High Court Cr.Misc. No.46731 of 2016 (2) dt.07-12-2016 2/2 Company is not the public servant.
Learned counsel for the North Bihar Power Distribution Company Ltd., Vidyut Bhawan, Patna did not dispute the fact. Considering the facts aforesaid and nature of allegation made against the petitioner, the petitioner above-named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-cum-Sub-Judge-VI, Purnea in connection with Banmankhi P.S. Case No. 98/2016, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Jha, J.) Vinita/- U T