Shambhu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53097 of 2022 Arising Out of PS. Case No.-64 Year-2022 Thana- KUNDWACHAINPUR District- East Champaran ====================================================== SHAMBHU SAH SON OF LATE RAM SUNDAR SAH R/O VILLAGEJATWALIYA, P.S.- KUNDWA CHAINPUR, DISTRICT- EAST CHAMPARAN ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 25-01-2023 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 Kundwa Chainpur P.S. Case No. 64 of 2022, registered for the offences punishable under Sections 341, 323, 353, 504, 506, 34 of the Indian Penal Code.

As per allegation, the informant who is supervisor in Electricity Department along with other staffs of Electricity Department went to the house of the petitioner for collection of

Patna High Court CR. MISC. No.53097 of 2022(2) dt.25-01-2023 2/3 electricity bill. The petitioner along with other accused persons badly assaulted them.

Learned counsel for the petitioner has submitted that there is no due of electricity revenue against the petitioner and the case has falsely been lodged against him. As a matter of fact, the informant demanded illegal gratification from the petitioner and when the petitioner protested against it, he has falsely been implicated in the present case.

Considering the above-mentioned facts and circumstances, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., V, Sikrahana at Dhaka, East Champaran in connection with Kundwa Chainpur P.S. Case No. 64 of 2022, subject to the conditions as laid down under Section 438(2) Cr.P.C. with further conditions:- (i) At the commencement of the trial the petitioner shall appear on day-to-day basis and if he fails to appear on two consecutive dates, the learned court below shall be at liberty to cancel his bail bond.

(ii) If it is found that the petitioner is involved in any

Patna High Court CR. MISC. No.53097 of 2022(2) dt.25-01-2023 3/3 other case of similar nature, his bail bond shall be liable to be cancelled.

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