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Patna High CourtCR. MISC./45937/2017bail granted

Ravi Kumar v. State Of Bihar And ANR

2017-10-18Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45937 of 2017 Arising Out of PS.Case No. -107 Year- 2017 Thana -BIKRAM District- PATNA ====================================================== Ravi Kumar, S/o- Late Ram Kumar Prasad, resident of Village & PostRajipur, P.S.- Ranitalab, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The South Bihar Power Distribution Company Ltd., through Asstt. Electric Engineer, Electricity Supply Sub- division, Bikram, Patna. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vikas Kumar, Advocate. For the opposite party No.2 : Mr. Vinay Kirti Singh, Advocate For the Opposite Party/s : Mr. Parmanand Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 18-10-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Bikram P.S. Case No. 107 of 2017 instituted for the offence under Sections 467, 468, 419 and 420 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that after accounting, the amount of Rs.44,137/- was claimed by the Electricity Department, to be due with the petitioner. It has further been submitted that petitioner has already deposited the entire dues amount for which he has got valid receipt. He has furnished those receipts in the office of Assistant Electrical Engineer, Bikram, Patna (Annexure-2 series). Learned counsel for the Electricity Board appears and does not deny the aforesaid submission made by the petitioner. He has submitted that as per instruction given to him, the dues amount has

Patna High Court Cr.Misc. No.45937 of 2017 (3) dt.18-10-2017 2/2 been paid by the petitioner.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Bikram P.S. Case No. 107 of 2017, he 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 Additional Chief Judicial Magistrate-V, Danapur, Patna, 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) petitioner 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 petitioner and (3) if petitioner tampers 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 petitioner.

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