Pahwari Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26983 of 2019 Arising Out of PS. Case No.-587 Year-2018 Thana- JOGAPATTI District- West Champaran ====================================================== PAHWARI MAHTO Son of Late Mishri Mahto Resident of Mohall - Rampur Nawaka Tola, P.S.- Jogapatti, Distt - West Champaran. ... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR 2.
Roshan Kumar Junior Engineer, Electric Supply Section, Jagopatti, West Champaran, Under North Bihar Power Distribution Co. Ltd., Patna. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Chandra Verma For the Opposite Party/s :
Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-04-2019 Heard learned counsel for the parties.
The petitioner is apprehending his arrest in connection with Jogapatti P.S.Case No.587 of 2018 dated 8.12.2018 , registered for offences punishable under Section 427 of the Indian Penal Code and Sections 3⁄4 of the Prevention of Damage of Public Property Act, 1984..
Allegation against the petitioner is that due to the act of his cutting trees, six poles of Electricity Department have been damaged causing loss of Rs.23,270/- .
Submission of the learned counsel for the petitioner is that the whole allegation is false and concocted and as a matter of fact the trees itself fell down and the allegation is not
Patna High Court CR. MISC. No.26983 of 2019(2) dt.25-04-2019 2/2 true that he cut the trees causing damage to the polices. Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt of order be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, West Champaran at Bettiah in connection with Jogapatti P.S.Case No.587 of 2018, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.
With the aforesaid direction, this application is allowed.
(Vinod Kumar Sinha, J) chn/- U