Karu Prasad Singh v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24800 of 2018 Arising Out of PS.Case No. -36 Year- 2018 Thana -SHRIKRISHNAPURI District- PATNA ======================================================
1. Karu Prasad Singh s/o Late Chandika Prasad Singh, R/o MohallaAnandpuri, House No. 141, West Boring Canal Road, P.S.- Sri Krishnapuri, District- Patna.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Mr. Rajni Kant Jha, Advocate ( South Bihar Power Distribution Com. Ltd) Patna, District- Patna.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shailendra Kumar Singh, Advocate For the Opposite Party/s : Smt. Madhuri Lata, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-05-2018 Heard the parties.
The petitioner seeks anticipatory bail in connection with Sri Krishnapuri P.S.Case No. 36 of 2018, registered for offences punishable under Sections 341, 323, 353 and 504 of the Indian Penal Code.
Allegation against the petitioner is that the informant, Junior Engineer, Electricity Supply Division, Sri Krishnapuri alongwith other officials reached to collect the dues amount of the electricity bill of the petitioner then the petitioner and other persons abused in filthy language and assaulted on the informant and other officials.
Patna High Court Cr.Misc. No.24800 of 2018 (2) dt.09-05-2018 2/3 Submission of the learned counsel for the petitioner is that the electricity bill of the petitioner has already been paid by him in spite of that they disconnected the electricity of the house of the petitioner and the informant to save his skin, lodged Sri Krishnapuri P. S. Case No. 35 of 2018 under Sections 341, 323 and 427 of the Indian Penal Code, which was lodged prior to the present case by the petitioner against the informant. Learned counsel for the petitioner also submits that out of Rs 16, 403.37 dues amount of Electricity Bill, petitioner has already deposited Rs. 10,000/- on 06.02.2018 and Rs. 7,000/- was deposited on 09.02.2018. It is also submitted that the petitioner is aged about 78 years and he has no criminal antecedent.
Learned A.P.P. and learned counsel for SBPDCL oppose the prayer for bail .
Having heard both sides and in view of the facts that the petitioner is 78 years old person, let the petitioner above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs. 25,000/- ( Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of Sri Praveen Kumar Singh, learned Judicial Magistrate, Patna cum- Special Judge, C.B.I.- I in connection with
Patna High Court Cr.Misc. No.24800 of 2018 (2) dt.09-05-2018 3/3 Sri Krishnapuri P.S.Case No. 36 of 2018, subject to the condition that as laid down under Section 438 (2) of the Code of Criminal procedure.
With following conditions:- i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.
ii) The petitioner will not induce any witness or tamper with the evidence.
iii) The petitioner shall co-operate in the investigation of the case and make himself available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of his bail bond.
(Vinod Kumar Sinha, J) Sudha/- U T