Sanjeet Kumar Singh @ Sanjeet Kumar And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35237 of 2017 Arising Out of PS.Case No. -69 Year- 2014 Thana -KHAJAULI District- MADHUBANI ======================================================

1. SANJEET KUMAR SINGH @ SANJEET KUMAR, Son of Dev Singh@ Debu Singh, R/o Village- Thengaha.

2. Shambhu Singh @ Shambhu Narayan Singh Son of Baleshwar Singh, R/o Village- Rajanpura, Both P.S.- Khajauli, District- Madhubani. .... .... Petitioner/s

Versus

1. State of Bihar

2. The Managing Director North Bihar Power Distribution Co. Ltd, Patna .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ram Naresh Singh For the Opposite Party/s : Smt Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 11-08-2017 Heard the learned counsel for the petitioners as well as the learned A.P.P. for the State.

In this application for anticipatory bail the petitioners apprehend their arrest in connection with Khajauli P.S. Case No. 69 of 2014/ G.R. No. 1963 of 2014 for the offences punishable under sections 147, 148, 149, 341, 323, 427, 353, 307, 448, 504 and 506 of the I.P.C.

The petitioners are named in the FIR with the allegations that the petitioners and other FIR named accused persons along with 20-25 persons came at the Electricity Sub. Centre, Khajauli and on the plea that the electric line is not being provided they caused threats to kill and assaulted Rameshwar

Patna High Court Cr.Misc. No.35237 of 2017 (2) dt.11-08-2017 2/3 Mallik and damaged the files of the Sub. Centre and further caused threats to burn the Sub. Centre.

Submission is of false implication and that the FIR has been lodged after two days, the FIR has been lodged by Pramod Singh, the Junior Engineer of the Electric Supply Division, Khajauli, there is no specific allegation against the petitioners, the allegations are omnibus and general in nature, the petitioners were alleged as members of mob, no offence under section 307 of the I.P.C. is made out, the informant is not an eye witness of the occurrence, the doctor who examined Rameshwar Mallik has found simple injury on his person, the injury report has been prepared after 16 days of the occurrence and as such the petitioner no.2 who is a Prakhand Teacher and the petitioner no.1 who is business man deserve sympathetic consideration. The learned A.P.P. opposes prayer for pre-arrest bail of the petitioners.

In the facts and circumstances as stated above, considering that the allegations are omnibus and general in nature and there is no specific allegation against the petitioners and as such the petitioners, in case of their arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bonds of Rs. 10,000/-

Patna High Court Cr.Misc. No.35237 of 2017 (2) dt.11-08-2017 3/3 (Ten thousand) each with two sureties of the like amount each to the satisfaction of I/C J.M. Madhubani in connection with above mentioned case, subject to the conditions as laid down in section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T