Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72084 of 2019 Arising Out of PS. Case No.-99 Year-2019 Thana- KASHICHAK District- Nawada ====================================================== 1.

CHANDAN KUMAR Son of Arjun Singh 2.

Dharmraj Kumar Son of Sanjay Singh @ Sanjay Kumar both Resident of New Area, Chandinuwan, P.S.- Kashichak, District- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deepak Kumar For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-11-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 448/341/323/353/427/504/34 of the Indian Penal Code. The prosecution case as lodged by the informant is that on 22.06.2019 at about 7.30PM both the petitioners along with 10 unknown persons are said to have entered into Electric Sub Station, Kashi Chak and forced to cut the supply in all feeders and tore the log book kept there. It is further alleged that they forcibly got Pintu Kumar, Rajnish Kumar and Pappu Kumar to seat over motorcycle and took them to new area, Chandinama to rectify the transformer. On being informed that

Patna High Court CR. MISC. No.72084 of 2019(3) dt.21-11-2019 2/3 the transformer is required to be replaced and it would take two days they started abusing and assaulting those three persons who were given primary treatment in Bausi Hospital. Learned counsel for the petitiners submits that the petitioners are innocent, committed no offence and have been falsely implicated in the present case with oblique purpose and ulterior motive. He submits that transformer from which the electricity supplied to the mohalla of petitioners was not functioning since more than two weeks and no action was being taken by the local authorities after repeated requests to rectify the same as without electricity the life of the mohalla people became very difficult.

He further submits that on the alleged date of occurrence, a group of more than 20 persons approached the authorities to rectify the same but they asked them to arrange either a transformer or money for the same. He further submits that people objected to this behavior as for last 15 days no one visited to see whether that the problem in the transformer can be rectified or not so the electrician was made to be seated on motorcycle and taken to the transformer.

In the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of six weeks

Patna High Court CR. MISC. No.72084 of 2019(3) dt.21-11-2019 3/3 from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. VI, Nawada in connection with Kashichak Police Station Case No. 99 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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