Sikendra Raut @ Sikandra Kumar @ Sikandar Raut v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35660 of 2024 Arising Out of PS. Case No.-193 Year-2023 Thana- MANPUR District- Nalanda ====================================================== Sikendra Raut @ Sikandra Kumar @ Sikandar Raut Son of Sri Devendra Raut R/O Vill.- Singhthu, P.S.- Manpur, Dist.- Nalanda ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

South Bihar Power Distribution Co. Ltd. , Patna Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rabi Bhushan Prasad For the Opposite Party/s :

Ms.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-07-2024 1.

Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel appearing on behalf of the SBPDCL.

2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 307, 353, 447 and 506 of the Indian Penal Code and Sections 135 and 138 of Bihar Electricity Act. 3.

Learnd counsel for the petitioner submits that petitioner has an antecedent of one case and has been falsely implicated in the instant case by the informant based on general and omnibus allegation of assault. It is further submitted that it is not a case of theft of electricity. In sum and substance, the informant alleges that a team was constituted for carrying raid in

Patna High Court CR. MISC. No.35660 of 2024(2) dt.12-07-2024 2/3 the premises of those who were indulging in electricity theft and when the team reached the place of Ranjit Mistry, when a mob gathered and indulged in scuffle with the raiding team and the informant along with Uma Shankar Chaudhary received injury. It is submitted that petitioner is not related with Ranjit Mistry, and being his neighbour, he was also present at the place of occurrence and thus came to be implicated with general and omnibus allegation.

4.

The Learned APP for the State and the learned counsel appearing on behalf of the SBPDCL oppose the prayer for anticipatory bail of the petitioner, but then are not able to rebut the submission of the Learned counsel for the petitioner that the allegation of theft and assault is general and omnibus in nature.

5.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Manpur P.S. Case

Patna High Court CR. MISC. No.35660 of 2024(2) dt.12-07-2024 3/3 No. 193 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) SUMIT/- U T