Tulsi Kumar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26087 of 2016 Arising Out of PS.Case No. -11 Year- 2016 Thana -MARANCHI District- PATNA ======================================================
1. Tulsi Kumar,
2. Munna Lal Sao @ Munni Lal Sao
3. Radhey Shyam Sao All are sons of Late Bhagwan Sao, resident of Village- Maranchi Gandhi Tola, P.S.- Maranchi, District- Patna.
.... .... Petitioners
Versus
1. The State of Bihar
2. South Bihar Power Distribution Company Pvt. Ltd. through its Chairman, Bihar, Patna.
.... .... Opposite Parties ====================================================== Appearance :
For the Petitioner/s : Mr. Yogesh Chandra Verma, Sr. Adv. For the State : Dr. Kumar Uday Pratap, A.P.P. For O.P.No.2 : Mr. Vikash Chandra Srivastava, Advocate ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 01-07-2016 Heard parties.
The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 147, 149, 323, 307, 353, 379 of the Indian Penal Code and Section 135 of Electricity Act. The allegation against the petitioners is that they obstructed the raiding party of the Electricity Department as they were found illegally using electricity. The meter and starter were removed by them were also snatched by the petitioners. It is contended on behalf of the petitioners that they were having a valid electric connection and in fact members of the raiding party have insulted the female family members of the
Patna High Court Cr.Misc. No.26087 of 2016 (2) dt.01-07-2016 2/3 petitioners' family, however, it is urged that they are ready to deposit the starter and meter before the concerned department and also ready to pay Rs.50,000/- out of Rs.1,65,392/- as they want to contest that amount which has been fixed by the Electricity Department. It is also urged that after the alleged bill is finally settled, they would pay the entire amount.
Having regard to the facts and circumstances of the case and also the undertaking given by the learned counsel for the petitioners, let the petitioners, namely, Tulsi Kumar, Munna Lal Sao @ Munni Lal Sao and Radhey Shyam Sao be released on bail in the event of their arrest/surrender before the court below within a period of six weeks from today in connection with Maranchi P.S. Case No.11 of 2016, on furnishing bail bond of Rs.10,000 (Ten Thousand Rupees) each with two sureties of the like amount each to the satisfaction of Sri Deepak Kumar, Judicial Magistrate-1st class, Barh, Patna subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure.
However, at the time of acceptance of bail bonds of the petitioners, the court below would satisfy itself that they have already deposited the starter and meter to the concerned department and have also deposited Rs.50,000/- by way of challan
Patna High Court Cr.Misc. No.26087 of 2016 (2) dt.01-07-2016 3/3 in the court concerned which would be subject to the final result of the case concerned and without prejudice to the stand of the petitioners which they may take during the criminal trial. (Dr. Ravi Ranjan, J) V.K. Pandey/- U T