Radhey Kumar And ANR v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.34839 of 2017 (2) dt.11-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34839 of 2017 Arising Out of PS.Case No. -317 Year- 2016 Thana -SHEKHPURA District- SEKHPURA ======================================================

1. Radhey Kumar S/o Kedar Nath @ Kedar Saw,

2. Sandeep Kumar, S/o Bishundeo Prasad, Both Resident of VillageKusumbha, P.S. Sheikhpura, District- Sheikhpura. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Bihar State Electricity Board, Patna.

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

For the Petitioner/s : Mr. Ram Prasad Singh For the Opposite Party/s : Mr. Smt. Sahin Begam For the informant : Mr. Kund Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-08-2017 Heard both sides.

The petitioners apprehend their arrest in Sheikhpura P.S. Case No. 317 of 2016 registered for the offences punishable under Section 307 and other Sections of the Indian Penal Code. The Assistant Engineer, Electric Supply Division, Sheikhpura alleged that the petitioners and others namely Rajendra Prasad and Lalu Yadav and many others entered into his office caught his collar and assaulted him with fists and slaps. They also broke the ring finger of the informant. The police came and save the informant.

Learned counsel for the petitioners submits that the

Patna High Court Cr.Misc. No.34839 of 2017 (2) dt.11-08-2017 petitioners are bonafide consumers. They were not present at the place of occurrence. The informant was knowing the petitioners from before. Some unknown persons assaulted the informant but the petitioners have falsely been implicated in the case. It is further submitted that Rajendra Prasad has already been granted regular bail vide order passed in Cr. Misc. No. 3174 of 2017. Learned counsel for South Bihar Power Distribution Company Limited vehemently opposed the prayer for anticipatory bail of the petitioners.

It appears that the informant named the petitioners and made very specific allegation that the petitioners and others came and caught his collar and assaulted him. The prayer for anticipatory bail of Lalu Yadav has already been rejected by this Court. The case of the petitioners stands on the same footing as that of Lalu Yadav.

Considering the facts aforesaid, I am not inclined to enlarge the petitioners above named on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) KKSINHA/- U T