Prabhash Kumar And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33493 of 2015 Arising Out of PS.Case No. -48 Year- 2015 Thana -GAMAHARIYA District- MADHEPURA ======================================================

1. Prabhash Kumar Son of Digambar Yadav.

2. Jay Kumar Jyoti Son of Late Harihar Mehta.

3. Sumit Kumar Son of Sikandar Yadav.

4. Raj Kishore Yadav Son of Bhupendra Yadav. All resident of VillageToka, Police Station- Gambaria, District- Madhepura .... .... Petitioner/s

Versus

1. The State of Bihar

2. The North Bihar Power Distribution Co. Ltd. Vidyut Bhawan, Bailey Road, Patna .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. M.Haque(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-08-2015 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under sections 143,341,385,504 and 353 of the Indian Penal Code and section 136 of the Indian Electricity Act.

It is alleged that four transformers were being carried by the officials of North Bihar Power Distribution Company Ltd., Madhepura to village Gamharia when the petitioners being residents of village Toka, lifted one transformer and took it on the tractor and thereby caused loss to the company

Patna High Court Cr.Misc. No.33493 of 2015 (2) dt.13-08-2015 2/2 to the tune of Rs.1,25,000/-.

It is submitted by the learned counsel for the petitioners that the transformer was being transported for fixing it in the village of the petitioners and during investigation it has come that the transformer has been placed at the place for which it was being transported. Statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent. The aforesaid facts constitute ground for consideration of the prayer for regular bail of the petitioners by the learned court below in case the petitioners surrender within six weeks from today in connection with Gamharia P.S. Case No. 48 of 2015 pending in the court of learned JM Ist Class, Madhepura. This application is disposed of with the aforesaid observation/direction.

(Dinesh Kumar Singh, J) Anil/- U T