Vinay Kumar Singh @ Vinay Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65201 of 2023 Arising Out of PS. Case No.-361 Year-2023 Thana- KUDHNI District- Muzaffarpur ====================================================== Vinay Kumar Singh @ Vinay Singh S/O Late Daroga Singh Resident Of Village Dharmuha, Ps- Kudhani (turki Op), Dist- Muzaffarpur ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sagar Kumar For the Opposite Party/s :
Mr. Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 06-11-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner is apprehending his arrest in connection with Kudhani (Turki O.P.) P.S. Case No. 361 of 2023 registered for the offences punishable under Sections 341, 323, 353, 504 and 506 of the Indian Penal Code (For brevity, IPC).
3. As per prosecution case, petitioner is alleged to have abused the informant and other officials of Electric Department, Government of Bihar. It is further alleged that the petitioner obstructed them in discharging their duty of installation work of prepaid electric meter.
4. Learned counsel for the petitioner submits that from a perusal of the FIR, it appears that petitioner is a bonafide electricity consumer and he has a valid Consumer I.D.
Patna High Court CR. MISC. No.65201 of 2023(2) dt.06-11-2023 2/3 bearing number 12040144409. It is further submitted that the petitioner has been paying electricity bill regularly and has filled the electricity bill for the month of June, 2023, as the same has been mentioned in Annexure-2 of the bail petition. Petitioner is quite innocent and he has falsely been implicated in this case. He further submits that all the offences registered against him are bailable in nature, except Section 353 of the Indian Penal Code. Petitioner bears no criminal antecedent. In the light of given facts and circumstances of the present case, no offence is made out against the petitioner.
5. The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
6. Considering the facts and circumstances of the case, keeping in view the clean antecedent of the petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate 1st Muzaffarpur (West), in connection with
Patna High Court CR. MISC. No.65201 of 2023(2) dt.06-11-2023 3/3 Kudhani (Turki O.P.) P.S. Case No. 361 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
7. This application stands allowed.
(Alok Kumar Pandey, J) asmit/alok/- U T