Patna High CourtCR. MISC./3352/2017bail granted

Manoj Singh @ Manoj Kumar v. The State Of Bihar

2017-02-06Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3352 of 2017 Arising Out of PS.Case No. -169 Year- 2016 Thana -KESARIA District- EAST CHAMPARAN (MOTIHARI) ====================================================== Manoj Singh @ Manoj Kumar, Son of Nawal Kishore Singh, Resident of Village- Bhagwatiya, P.S.- Kesariya, District- East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate. Mr. Sharad Kumar Verma, Advocate.

For the Opposite Party/s : Dr. Rabindra Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-02-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks anticipatory bail in a case instituted for the offence under Sections 385, 386 and 387 of the Indian Penal Code.

As per the written report filed by Junior Engineer Electric Supply Division, Motihari, Raxaul, the petitioner being the contractor has demanded Rs.60,000/- from the villagers for doing the work of fixing pole and the wire. The Supervisor also demanded Rs.15,000/- for completing the work. The attention of the Court is drawn vide Annexure-2 series wherein the villagers filed a petition before Project Manager, EMC Limited, Motihari, stating therein that the

Patna High Court Cr.Misc. No.3352 of 2017 (2) dt.06-02-2017 2/2 petitioner had completed the work of connection of electric wire and no charge has been paid to him by the villagers. From the written report itself this Court finds that there is vague statement that the petitioner demanded Rs.60,000/- but there is no documentary proof in support of it. Besides this vague allegation, there is no specific allegation against the petitioner.

Considering the facts and circumstances of the case, let the petitioner above named in the event of surrender within six weeks from the date of receipt of this order, in connection with Kesariya P.S. Case No. 169 of 2016, shall 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 11th Additional Chief Judicial Magistrate, East Champaran at Motihari, subject to the conditions as laid down under Section 438 (2) Cr. P.C.

(Sanjay Priya, J) S.Ali/- U T