Suraj Singh @ Saju @ Suraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30249 of 2022 Arising Out of PS. Case No.-29 Year-2022 Thana- DHARHARA District- Munger ====================================================== Suraj Singh @ Saju @ Suraj Kumar, aged about 25 years, gender-male, Son Of Ramchandra Singh R/O- Village- Rajwada (Bhalar), P.S.- Dharahra, Dist.- Munger ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kumar Kamal Nayan, Advocate For the Opposite Party/s :
Mr. Ajit Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 02-05-2023 Heard Mr. Kumar Kamal Nayan, learned counsel appearing on behalf of the petitioner and Mr. Ajit Kumar, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection with Dharahra P.S. Case No. 29 of 2022 dated 19.02.2022 registered for the offence punishable under Sections 341, 323, 308, 353 of the Indian Penal Code and Section 27 of the Arms Act.
3. Prosecution story, in brief, is that the FIR has been lodged by one of the electricity officials of a power holding company against the petitioner for deposition of Rs. 33654/- and alleged realization by the electricity officials was objected by the petitioner and had also assaulted them.
Patna High Court CR. MISC. No.30249 of 2022(5) dt.02-05-2023 2/3
4. Learned counsel appearing on behalf of the petitioner submitted that no such incident took place as narrated in the FIR rather the electricity officials were more worried for getting their target to be fulfilled and the petitioner was coerced to deposit the due amount. Learned counsel further submitted that petitioner has made a specific statement in paragraph no. 12 of the bail application that the said amount has already been deposited along with the interest on account of bill so generated.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. Considering the nature of allegation made in the FIR and the fact that the petitioner has already deposited the due amount of unit consumed by him along with the interest on account of delayed payment. I am of the opinion that, prima facie, petitioner has made out a case to be released on bail.
7. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M.-1st Class, Munger in connection with Dharahra P.S. Case No. 29 of 2022 dated 19.02.2022, subject to the
Patna High Court CR. MISC. No.30249 of 2022(5) dt.02-05-2023 3/3 condition as laid down under Section 438(2) of the Cr.P.C. (Purnendu Singh, J) Niraj/- U T