Rakesh Singh @ Bhushan @ Rakesh Kumar Singh @ Bhushan Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57441 of 2017 Arising Out of PS. Case No.-34 Year-2016 Thana- AWTARNAGAR District- Saran ====================================================== Rakesh Singh @ Bhushan @ Rakesh Kumar Singh @ Bhushan Singh S/o Shri Nagendra Kumar Singh, R/o Village- Rampur Pratappur, P.S.- Awtar Nagar, District- Saran (Chapra).

... ... Petitioner/s

Versus

1. The State of Bihar.

2. The Junior Electrical, Engineer, Electric Supply, Division, Dighwara Chhapra East.

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

For the Petitioner/s :

Mr. Sachida Nand Rai For the Opposite Party/s :

Mr. SMT. MADHURI LATA ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-12-2017 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Awtar Nagar P.S. Case No. 34 of 2016, disclosing offences under Section 379 of the Indian Penal Code and Section 135 of the Bihar Electricity Act.

One 63 KVA Transformer was found installed illegally in the house premises of co-accused Niranjan Sah for which he had not obtained any permission for the Electricity Department. It is alleged that on enquiry the informant, Junior Electrical Engineer, Electric Supply Section, Dighwara (Chapra East)

Patna High Court Cr.Misc. No.57441 of 2017(2) dt.13-12-2017 2/3 learnt that the same was supplied by Supreme Private Company Limited.

It is the plea of the petitioner that the allegation is against co-accused Niranjan Sah of installing the said Transformer. The petitioner has wrongly been implicated on the ground of supplying the said Transformer. It has also been submitted that considering the nature of the allegation there is no likelihood of petitioner's fleeing away from the course of investigation or trial.

Considering the above submission, this application is allowed.

Let the petitioner above named in the event of his arrest/surrender within six weeks from today in the Court below, be released 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 Judicial Magistrate, Chapra at Saran in Awtar Nagar P.S. Case No. 34 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to

Patna High Court Cr.Misc. No.57441 of 2017(2) dt.13-12-2017 3/3 appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) arun/- U