Jitendra Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43047 of 2021 Arising Out of PS. Case No.-45 Year-2021 Thana- PATEPUR District- Vaishali ====================================================== JITENDRA CHOUDHARY Son of Bhagynarayan Choudhary @ Bhagnarayan Choudhary Resident of Village - Marui, P.S.- Patepur, Distt.- Vaishali at Hajipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar, Advocate For the Opposite Party/s :

Mr.Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-01-2022 Due to the third wave of COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding. The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Learned Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy. The petitioner is apprehending his arrest in connection with Patepur P.S. case No.45 of 2021 registered under Sections 341, 323, 353, 504 of the Indian Penal Code.

Allegation is that when the informant reached at the

Patna High Court CR. MISC. No.43047 of 2021(2) dt.07-01-2022 2/3 house of the petitioner for collection of electric bill due and cutting his connection, the petitioner abused and assaulted him. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused due to mistake of fact. The person from the Electricity Department had come to collect the outstanding dues of the electricity bill from the petitioner and his family members.

It has further been submitted on behalf of the petitioner that the outstanding electricity bill had already been paid, but the same was not accepted by the person, who had come from the Electricity Department and for the said reason, scuffle took place between the parties. Annexure 2 is the receipt of payment of the electricity bill. On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R. It is necessary to indicate here that this Court while considering the prayer made in the present anticipatory bail application has taken note of the exponential rise in number of covid cases due to outbreak of third wave of Covid-19 pandemic.

Patna High Court CR. MISC. No.43047 of 2021(2) dt.07-01-2022 3/3 present situation which has arisen due to the sudden rise in covid cases.

Considering the facts and circumstances, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned Additional Chief Judicial Magistrate-3, Vaishali at Hajipur in connection with Patepur P.S. case No.45 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Narendra/- U T