Pramod Kumar @ Pramod Yadav v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32886 of 2018 Arising Out of PS.Case No. -33 Year- 2018 Thana - NAGARNAUSA District- NALANDA (BIHARSHARIFF) ===================================== Pramod Kumar @ Pramod Yadav S/o Sri Siya Sharan Yadav aged 38 Years, R/o Vill.- Bhadrudih, P.S.- Nagarnausa, District- Nalanda.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. South Bihar Power Distribution Company Ltd. Through Managing Director, Vidyut Bhawan, Bailey Road, Patna. .... .... Opposite Party/s ===================================== Appearance :
For the Petitioner/s : Mr. Satyendra Prasad For the Opposite Party/s : Mr. Sri Nand Kishore Pd ===================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 29-06-2018 The petitioner seeks bail in anticipation of his arrest in connection with Nagarnausa P.S. Case No. 33 of 2018 dated 16.03.2018 instituted for the offences under Sections 341, 323, 307, 353, 34 of the Indian Penal Code.
The learned counsel for the petitioner has submitted that in the entire body of the written report, he has not been named but curiously, his name finds mention in the column of the accused persons in the formal F.I.R.
The allegation in the F.I.R is that when the officials of the Electricity Department had gone for installing meter in the house of one Parwati Devi, she and others told the
Patna High Court Cr.Misc. No.32886 of 2018 (2) dt.29-06-2018 2/3 informant that they would use/consume the electricity and shall not permit the Electricity Department to install the meter. In the meantime, many people arrived and they manhandled the informant.
The learned counsel for the petitioner has submitted that deliberately and maliciously, the name of the petitioner has been added in the column of the accused persons. No overt act has been alleged against him in the F.I.R. The petitioner is a bona fide consumer of the electricity and has been regularly paying the electric charges. It has further been submitted that only because the petitioner protested against the informant who was demanding some illegal gratification for providing electric connection to some of the members of the locality, that the present case has been lodged.
The petitioner does not have any criminal antecedent and even co-accused Parwati Devi has been granted anticipatory bail by a Bench of this Court.
Considering the aforestated facts, the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today is directed to be released on bail on his furnishing bail bonds of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial
Patna High Court Cr.Misc. No.32886 of 2018 (2) dt.29-06-2018 3/3 Magistrate, 1st Class, Hilsa, Nalanda in connection with Nagarnausa P.S. Case No. 33 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Ashutosh Kumar, J) Shageer/- U T