Chhote Kumar @ Akhilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76760 of 2024 Arising Out of PS. Case No.-110 Year-2024 Thana- MAKHDUMPUR District- Jehanabad ====================================================== Chhote Kumar @ Akhilesh Kumar S/o Bechan Yadav @ Bachan Yadav R/o Village- Serthua Tola, Bazar Par, P.S.- Tehta, District- Jehanabad ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Junior Electric Engineer, Electric Supply Section- Makhdumpur, Jehanabad Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Binod Singh, Adv.

For the State :

Mr. Navin Kumar Pandey, APP For the S.B.P.D.C :

Mr. Anand Kumar, Adv.

:

Mr. Rajan Prakash, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-01-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State and learned counsel for the S.B.P.D.C..

2. The petitioner apprehends his arrest in Makhdumpur P.S. Case No. 110 of 2024 registered for the offences punishable under Sections 341, 323, 353, 504, 506/34 of the Indian Penal Code.

3. As per the prosecution case, when the raiding team of Electricity Department reached in the premises of one Bijendra Prasad and others regarding theft of electricity, the F.I.R. named accused persons including the petitioner obstructed the team in discharge of their official duty and some

Patna High Court CR. MISC. No.76760 of 2024(3) dt.17-01-2025 2/3 of the accused persons abused and assaulted them.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that there is specific overt act against the petitioner. He further submits that similar situated co-accused has been granted anticipatory bail by this Court vide order dated 24.10.2024 passed in Cr. Misc. No.73239 of 2024. The petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State as well as learned counsel for the S.B.P.D.C. opposed the prayer for anticipatory bail and submitted that there is specific allegation against the petitioner that he tried to snatch the mobile of the raiding team.

6. Considering the facts and circumstances of case and the fact that there is specific overt act against the petitioner, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.

7. However, if the petitioner surrenders before the learned Court below within six weeks from today and seeks regular bail, the learned Court below would pass order on the

Patna High Court CR. MISC. No.76760 of 2024(3) dt.17-01-2025 3/3 same day in accordance with law without being prejudiced by this order.

(Anjani Kumar Sharan, J) anand/- U T