Damodar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65248 of 2019 Arising Out of PS. Case No.-227 Year-2019 Thana- LAXMIPUR District- Jamui ====================================================== Damodar Yadav aged about 20 years (M), S/o Gobind Yadav @ Govindra Yadav, R/o village- Rageniya, P.S.- Laxmipur, District- Jamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Akash Raj, Adv.

For the Opposite Party/s :

Mr. A. L. Pandit, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-11-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner apprehends his arrest in connection with Laxmipur P.S. Case No. 227 of 2019 registered under section 427 of the Indian Penal Code and Section 3⁄4 Prevention of Damages to Public Property Act.

The allegation against the petitioner is that the petitioner was cutting a palm tree which fell upon 33 KV line due to which there was disturbance in the electricity supply and four poles and DP Channel belonging to SBPDCL have also been damaged causing loss of sum of Rs. 65,000/- to the Distribution Company.

Learned counsel appearing for the petitioner submits that the petitioner is innocent and has not committed any

Patna High Court CR. MISC. No.65248 of 2019(2) dt.04-11-2019 2/2 offence in the manner alleged. Learned counsel further submits that in fact the land upon which the palm tree was situated does not belong to the petitioner and the petitioner is daily wage earner, who was given the job to cut the tree and in the process of the same, a Palm tree fell upon 33 KV line which was not intentional on the part of the petitioner.

Having regard to the submissions made by the parties and taking into consideration the fact that the petitioner is a labourer, I am inclined to grant anticipatory bail to the petitioner.

Accordingly, the petitioner, above named, in the event of arrest or surrender before the learned Court below within a period of four weeks from today shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.K. Raj J.M 1st Class Jamui in connection with Laxmipur P.S.Case No. 227 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Anil Kumar Sinha, J) Anjula/- U