Santosh Pathak @ Santosh Kumar Pathak And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13667 of 2016 Arising Out of PS.Case No. -51 Year- 2016 Thana -AURANGABAD TOWN DistrictAURANGABAD ======================================================
1. Santosh Pathak @ Santosh Kumar Pathak son of Nageshwar Pathak, resident of Moh. Mahavir Nagar, Karma Road, P.S.- Aurangabad Town & District- Aurangabad (Bihar)
2. Arun Kumar son of Sri Umesh Kr. Mehta, resident of village- Salempur Amoun, P.O.- Sundarganj, P.S.- Riship District - Aurangabad (Bihar)
3. Ashok Kumar son of Satyendra Prajapati, resident of Mohalla- New Area, Adarsh Nagar, Ward No. 12, P.O. & P.S. & District- Aurangabad
4. Ambuj Kumar Singh @ Ambuj Kumar son of Arvind Singh, resident of village & P.O.- Kona, P.S.- Rafiganj, District- Aurangabad (Bihar)
5. Ravi Shankar Kumar @ Sanjay Kumar son of Late Lakhan, New Area Mahavir Aspatal Ke Pichhe, P.S.- Aurangabad Town, District- Aurangabad
6. Dipak Kumar Singh son of Sri Pradip Singh, resident of village- Karsara P.O- Riship, P.S.- Aurangabad Town, District - Aurangabad
7. Jitendra Verma son of Late Bhola Prasad Verma, resident of Karma Road, Jai Prakash Nagar, P.S.- Aurangabad Town, District- Aurangabad
8. Deepak Kumar son of Sri Lalan Singh, resident of village- Singhpur P.O.- Kataiya, P.S.- Amba, District- Aurangabad
9. Satish Kumar son of Maneshwar Singh, resident of village- Santhus, P.O.- Pagar, P.S. Rafiganj, District- Aurangabad
10. Shashi Kumar Singh son of Late Nagendra Kr. Singh, resident of Mohalla- Karma Road, P.S.- Aurangabad Town, District- Aurangabad
11. Anjani Kumar Singh @ Vikky Kumar son of Sri Yashwant Kr. Singh, Mohalla-Karma Road, P.S.-Aurangabad Town, District- Aurangabad .... .... Petitioner/s
Versus
1. The State of Bihar
2. South Bihar Power Distribution Company Ltd., Vidyut Bhawan, Patna .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anirudh Kumar Verma, Advocate For the State : Mr. J.N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 31-03-2016 Heard learned counsel for the petitioners and learned counsel for the State.
Patna High Court Cr.Misc. No.13667 of 2016 (2) dt.31-03-2016 2/3 The petitioners seek pre-arrest bail in connection with Aurangabad P.S. Case No.51 of 2016 registered under Sections 147, 353 and 427 of the Indian Penal Code.
It is contended that though the occurrence as alleged in the FIR took place on 10.2.2016, the FIR was registered after two days on 12.2.2016. It is further contended that there is no truth behind the allegation made in the FIR that the petitioner in any manner obstructed the power supply. As a matter of fact, they are daily wage employee and since they were raising claim peacefully and lawfully for payment of due salary for six months, they have been implicated in the present case.
Learned counsel for the State has opposed the application for grant of pre-arrest bail to the petitioner. Regard being had to the nature of allegation, in the event of arrest or surrender in the court below within four weeks from today, the petitioners, namely, 1.Santosh Pathak @ Santosh Kumar Pathak, 2.Arun Kumar, 3.Ashok Kumar, 4.Ambuj Kumar Singh @ Ambuj Kumar, 5.Ravishankar Kumar @ Sanjay Kumar, 6.Dipak Kumar Singh, 7.Jitendra Verma, 8.Deepak Kumar, 9.Satish Kumar, 10.Shashi Kumar Singh and 11.Anjani Kumar Singh @ Vikky Kumar are directed to be released on bail on furnishing bail bonds of Rs.10,000/-(ten thousand) each with two
Patna High Court Cr.Misc. No.13667 of 2016 (2) dt.31-03-2016 3/3 sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Aurangabad Town P.S.Case No.51 of 2016 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Ashwani Kumar Singh, J) Md.S./- U T