Himanshu Yadav @ Himanshu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61709 of 2021 Arising Out of PS. Case No.-230 Year-2020 Thana- BELDOUR District- Khagaria ====================================================== HIMANSHU YADAV @ HIMANSHU KUMAR S/o SHAMBHU YADAV R/o VILLAGE-GONGI MAHINATHNAGAR, P.S-BELDAUR, DISTRICTKHAGARIA. ... ... Petitioner

Versus

1.

THE STATE OF BIHAR 2.

THE N.B.P.D. COMPANY LTD. THROUGH ITS CHAIRMAN, BAILEY ROAD, PATNA, BIHAR. PATNA ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Binod Kumar For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 19-07-2022 Learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month. Heard learned counsel for the petitioner as well as learned APP for the State.

The petitioner apprehends his arrest in connection with Beldaur P.S. Case No. 230 of 2020, registered for the offences punishable under Sections 353 of the Indian Penal Code and 139 of the Electricity Act.

As per allegation, the four named accused persons including the present petitioner had tampered with the transformer due to which it was burnt and the Electricity Department suffered a loss of Rs. 98,775/-.

Learned counsel for the petitioner has submitted that the

Patna High Court CR. MISC. No.61709 of 2021(2) dt.19-07-2022 2/2 petitioner is a student and he is innocent. The FIR shows that the villagers had apprised the name of the petitioner and other coaccused persons to the informant and the employees of Electricity Department.

Co-accused Indal Yadav was granted regular bail by the court below and on similar ground the anticipatory bail petition of co-accused Balram Yadav vide Cr. Misc. No. 56574 of 2021 was disposed of with an observation that the petitioner shall surrender before the court below and make a prayer for regular bail. The petitioner is directed to surrender before the court below and make a prayer for regular bail. I do not see any reason as to why the same benefit should not be extended to the present petitioner as co-accused Indal Yadav. The regular bail of the petitioner must be disposed of on the day of its filing. With these observations, the criminal miscellaneous petition is disposed of.

Office shall ensure that all defects are removed by the petitioner within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court. (Nawneet Kumar Pandey, J) SONALI/- U T