Braj Bhushan Kumar And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36204 of 2017 Arising Out of PS.Case No. -77 Year- 2017 Thana -RAJPUR District- EASTCHAMPARAN (MOTIHARI) ======================================================

1. Braj Bhushan Kumar, Son of Ram Pravesh Rai.

2. Vijay Bhushan Kumar, Son of Late Anirudh Prasad Yadav.

3. Mukesh Kumar, Son of Ram Chhabila Rai.

4. Ashok Rai, Son of Shankar Rai.

5. Vijay Rai, Son of Keshwar Rai.

6. Santosh Kumar, Son of Krishnanandan Rai.

All residents of Village Balbhadrapur, P.S. Rajepur, District- East Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The North Bihar Power Distribution company Ltd. Now Bihar State Electricity Board, Patna.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arun Kumar, Advocate For the Opposite Party/s : Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 10-08-2017 Heard learned counsel for the petitioner, State and the North Bihar Power Distribution Company Ltd.

The petitioners are accused in connection with Rajepur P.S. Case No. 77 of 2017 for the offences under Sections 379 and 411 of the Indian Penal Code.

The F.I.R. was lodged against unknown for the alleged theft of ACSR weasel conductor, total length 1.20 K.M. Counsel for the opposite party no.2 submits that similar circumstanced other co-accused has been granted bail in Cr. Misc. No. 37745 of 2017 on the condition that the petitioner

Patna High Court Cr.Misc. No.36204 of 2017 (2) dt.10-08-2017 2/2 has to deposit Rs.5,000/- in cash and also furnish bail bond of Rs.10,000/- with two sureties of the like amount each before the court below.

Considering the fact that similar circumstanced coaccused has been granted bail on the condition mentioned above, i.e. on deposit of Rs. Rs.5,000/- cash and also furnish bail bond of Rs.10,000/- with two sureties of the like amount each before the court below, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of SubDivisional Judicial Magistrate, Sadar, East Champaran, Motihari in connection with Rajepur P.S. Case No. 77 of 2017 with the condition that the petitioners would also deposit a sum of Rs.5000/- each in cash before the court below, subject to final out come of the criminal case, with further condition that the petitioners will extend full cooperation in conclusion of the trial and will not, in any manner, tamper with the evidence and influence the witnesses.

(Anil Kumar Upadhyay, J) Uday/- U T