Binod Kumar Mahto And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33845 of 2018 Arising Out of PS.Case No. -178 Year- 2016 Thana -BAHERI District- DARBHANGA ======================================================

1. Binod Kumar Mahto, S/o Maksudan Mahato,

2. Raju Mahato @ Raju Kumar S/o maksudan Mahato,

3. Chotu Kumar Kushwaha @ Chotu Mahato S/o Jagdish Mahato,

4. Ram Nandan Mahato S/o Ram Pragash Mahato,

5. Santosh Mahato @ Santosh Kumar Mahato S/o Ram Sogarath Mahato, All are Residents of Vill.- Naudega, P.S.- Baheri, Distt.- Darbhanga. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. North Bihar Power Distribution Company Ltd. through its Managing Director , Bidhut Bhawan, Baily Road, Patna.

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

For the Petitioner/s : Mr. Saroj Kumar For the Opposite Party/s : Mr. Sri Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 05-07-2018 Heard the learned counsels for the parties.

The petitioners seek bail in anticipation of their arrest in connection with Baheri P.S. Case No. 178/2016 dated 16.09.2016 instituted for the offences under Sections 447, 341, 323, 504, 506, 353 and 427/34 of the Indian Penal Code. The petitioners and others are alleged to have assaulted an employee of the Electricity Department for not providing electricity to them from Baheri Feeder of the Electricity Department.

The learned counsel for the petitioners has submitted that the informant was supplied the name of the petitioners by

Patna High Court Cr.Misc. No.33845 of 2018 (2) dt.05-07-2018 2/2 somebody, who is on inimical terms with them. The petitioners had never visited the Electricity Board or the Sub-Centre. The allegation is absolutely incorrect.

Regard being had to the nature of accusation and also the fact that the petitioners do not have any criminal antecedents, they are directed to be released on bail, in the event of their surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on their furnishing bond in the sum of Rs. 10,000/- (Ten Thousand), with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate IX, Darbhanga in connection with Baheri P.S. Case No. 178/2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Ashutosh Kumar, J.) Rakhi U T