Rajeev Singh @ Raju Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35918 of 2023 Arising Out of PS. Case No.-55 Year-2023 Thana- CHAKIA District- East Champaran ====================================================== Rajeev Singh @ Raju Singh, aged about 40 years, male, S/o- Dinesh Singh @ Dinesh Kumar Singh, resident of Village- Sitalpur P.S.- Chakia, Dist- East Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

NBPDCL through its Managing Director, Patna Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Binod Kumar, Advocate Mr. Rahul Singh, Advocate For the Opposite Party/s :

Mr. Dr. Anand Kumar, Advocate Mr. Ramesh Gupta, Advocate Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 21-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Chakia P.S. Case No. 55 of 2023 dated 11.02.2023 instituted for the offence punishable under Sections 341, 323, 353, 504, 506/34 of the Indian Penal Code.

3. The prosecution case, in short, is that on 10.02.2022 at about 03.30 pm, a team of B.P.D.C.L., Patna went to collect outstanding bill of Rs. 25,753/- from the father of the petitioner, but he refused to pay the same. Thereafter, his electricity supply was disconnected by the officials, on which

Patna High Court CR. MISC. No.35918 of 2023(2) dt.21-07-2023 2/3 the petitioner along with other seven persons abused and assaulted the officials. It has also been alleged that they threatened to kill the officials.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he is falsely implicated in this case. It is further submitted that F.I.R. was lodged on the basis of an application given by Deepak Kumar in which he alleged that in presence of officials, consumer Dinesh Singh abused him and slapped the officials, contrary to that F.I.R. was lodged by Junior Engineer who is not the eye witness of the occurrence. Learned counsel for the petitioner submits that in the application filed by Deepak Kumar, the name of the petitioner has not been disclosed. It is submitted that officials have not sustained injuries. Learned counsel for the petitioner further submits that the father of the petitioner is bonafide consumer and he has already deposited bill of Rs. 25,753/- which has been shown in annexure-2. Lastly, it has been submitted that he has no criminal antecedent.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in

Patna High Court CR. MISC. No.35918 of 2023(2) dt.21-07-2023 3/3 the event of arrest / surrender of the petitioner in connection with Chakia P.S. Case No. 55 of 2023, he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Motihari, East Champaran subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Khatim Reza, J) premchand/- U T