Ashok Kumar @ Ashok Singh And ANR v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36942 of 2017 Arising Out of PS.Case No. -300 Year- 2017 Thana -BODHGAYA District- GAYA ======================================================
1. Ashok Kumar @ Ashok Singh, Son of Late Mahesh Singh.
2. Ambika Singh, son of late Barho Singh, Both residents of Bhgwanpur at and P.S. Bodh Gaya, District- Gaya. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. The India Power Corporation (Bodh Gaya), Ltd. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bhola Kumar, Advocate. For the Opposite Party/s : . Smt. Anusuiya Jaiswal, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 10-08-2017 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Bodh Gaya P.S. Case No. 300 of 2017 instituted for the offence under Sections 341, 323, 353, 356, 379, 506, 34 of the Indian Penal Code and Section 135 of the Indian Electricity Act, 2003. It has been submitted on behalf of the petitioners that they have clean antecedent. There is allegation that the informant with other raiding party seized the electric meter of Rajendra Ram who has committed electric theft with other associates and started obstruction in discharging official duty. He also started manhandling with the raiding party and destroyed their camera
Patna High Court Cr.Misc. No.36942 of 2017 (2) dt.10-08-2017 2/2 etc. It has further been submitted that there is general and omnibus allegation against the petitioners.
Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Bodh Gaya P.S. Case No. 300 of 2017, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge (Electric), Gaya, subject to the conditions as laid down under Section 438 (2) Cr. P.C.
with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Sanjay Priya, J) S.