Raju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27900 of 2022 Arising Out of PS. Case No.-377 Year-2021 Thana- CHANPATIA District- West Champaran ====================================================== RAJU KUMAR Son of Lal Bahadur Prasad R/O Village - Awaria Nawka Tola, Awraiya, P.S.- Chanpatiya, District - West Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

North Bihar Power Distribution Company Ltd. Through Junior Engineer, Electricity Department, Kumarbag, West Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey For the Opposite Party/s :

Mr. Binod Kumar Mr. Vinay Kirti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-11-2022 Heard the parties.

Learned counsel for the petitioner is directed to remove the defects within four weeks of resumption of normal court proceedings.

The petitioner apprehends his arrest in a case registered for the offence punishable under section 279 of IPC and 3 and 4 of Prevention of Damage of Public Property.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and

Patna High Court CR. MISC. No.27900 of 2022(5) dt.17-11-2022 2/2 omnibus in nature. There is no specific overt act against the petitioner. He further submits that the petitioner was not driving the said pick up van at the relevant time nor the pick up van in question which admittedly belongs to Sidhi Vinayak Gas Agency has been seized in the case or has been found to be damaged. Petitioner has no criminal antecedent. Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, since there is no specific overt act against the petitioner, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in Chanpatiya (Kumarbagh) P.S. Case No.377 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T