Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28131 of 2016 Arising Out of PS.Case No. -17 Year- 2016 Thana -MAIRWA District- SIWAN ====================================================== Nitish Kumar Son of Yugal Kishore Singh resident of village - Akolahi, P.S. Jiradei, District - Siwan .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ramadhar Shekhar For the Opposite Party/s : Mr. Sri Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-09-2016 Heard both sides.

The petitioner apprehends his arrest in Mairwa P.S. Case No. 17/2016, registered for the offences punishable under Sections 341, 323, 504, 506, 379, 427, 353 of the Indian Penal Code and 140 of Electricity Act.

The Assistant Electrical Engineer alleged that there was a strike call by Progressive Electric Workers' Union and the electric workers posted at Mairwa Electric Supply Sub-division, namely Md. Hawaldar Ansari, Nitish Kumar, Upendra Yadav and Chandan Kushwaha snatched Rs. 2000/- from the possession of the enforcement. It is alleged that the petitioner also disturbed 33000 kv wires passing through Mairwa.

It is submitted that no 33000kv wire is passing through

Patna High Court Cr.Misc. No.28131 of 2016 (3) dt.02-09-2016 2/2 Mairwa for supplying of electricity. No specific allegation of snatching is made against the petitioner.

Learned Additional P.P. as well as learned counsel for North Bihar Power Distribution Company vehemently opposed the prayer for anticipatory bail.

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 the learned Chief Judicial Magistrate, Siwan in connection with Mairwa P.S. Case No. 17/16, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Jha, J.) Rakhi U T