Naresh Prasad @ Naresh Ray @ Naresh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41135 of 2023 Arising Out of PS. Case No.-92 Year-2023 Thana- DANAPUR District- Patna ====================================================== Naresh Prasad @ Naresh Ray @ Naresh Son Of Late Ramvriksha Prasad Resident Of Takiyapar, Gandhi Murti Kayasth Toli, Digha Diara, P.S. Danapur, District Patna.

... ... Petitioner

Versus

1.

The State of Bihar 2.

The Assistant Electrical Engineer, Danapur Electricity Supply Sub-Division South Bihar Power Distribution Company, Patna ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Avinash Shekhar, Advocate For the Opposite Party/s :

Mr.Fahimuddin, APP For the Informant :

Mr. Ajay Kumar Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 28-07-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner in the present case is seeking prearrest bail in connection with Danapur P.S. Case No. 92 of 2023 registered for the offences punishable under Sections 147, 149, 341, 332, 337, 353, 504, 203 of the Indian Penal Code and Section 135 of the Electricity Act. He has got no criminal antecedent.

3. As per the prosecution story, the petitioner caused loss of Rs. 01,29,039/- to the South Bihar Power Distribution Company Limited by connecting the wire in the main line connection before it connects with the meter. It is alleged that when the raiding party seized the meters and the wires of the

Patna High Court CR. MISC. No.41135 of 2023(2) dt.28-07-2023 2/3 petitioner and others, the son of the petitioner and co-accused Virendra Kumar came with 20-25 anti-social elements and started assaulting the raiding party.

4. Learned counsel for the petitioner submits that the petitioner is innocent and falsely been implicated in this case. It is submitted that the petitioner has no criminal antecedent.

5. Learned APP for the State and learned counsel for the informant have opposed the prayer for anticipatory bail of the petitioner.

6. Having regard to the seriousness of the allegation that the raiding party found the petitioner involved in theft of electricity and when the raiding party had seized the meter and the wires of the petitioner and others, the son of the petitioner and co-accused Virendra Kumar came with 20-25 anti-social elements and started assaulting the raiding party whereupon they somehow saved their life and in the process, the wires and the two meters were also snatched away from, this Court is not inclined to grant privilege of anticipatory bail to the petitioner.

7. The prayer for anticipatory bail of the petitioner is, thus, refused.

8. In case the petitioner surrenders and prays for regular bail within four weeks from today in the court below, his

Patna High Court CR. MISC. No.41135 of 2023(2) dt.28-07-2023 3/3 prayer for bail shall be considered on its own merit without being prejudice by the order of this Court.

9. This application stands disposed of.

(Rajeev Ranjan Prasad, J) SUSHMA2/- U T