Khalai Anshari @ Khalilullah Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78982 of 2023 Arising Out of PS. Case No.-593 Year-2023 Thana- SIKARPUR District- West Champaran ====================================================== Khalai Anshari @ Khalilullah Ansari Son of Rauf Ansari Resident of Village -Chandpur, Ps -Shikarpur, Distt- West Champaran ... ... Petitioner/S
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ram Kishun Prasad, Advocate For the Opposite Party/s :
Mr. Shrikant Sharan Singh, Advocate For the State :
Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 05-03-2024
1. Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.
2. The accused/petitioner is named in F.I.R. and apprehending his arrest in connection with Shikarpur P.S. Case No. 593 of 2023 registered for the offences punishable under Section 353 of the Indian Penal Code.
3. The allegation against this petitioner is to deter the government officials to perform their official duty as to stall electric meters for different consumers, where informant is Junior Engineer, Electric Supply Division, Sathi.
4. Learned counsel appearing on behalf of the petitioner submitted that petitioner was implicated falsely with present case, as he is not even a consumer. It is submitted that
Patna High Court CR. MISC. No.78982 of 2023(3) dt.05-03-2024 2/2 the allegation as to deter government officials to discharge their official function is very much geneal and omnibus against petitioner, who is a man of clean antecedent.
5. Learned APP appearing for the State opposes the prayer of bail.
6. Considering the aforesaid facts and circumstances as allegation, prima facie, as to deter government officials is appearing very much general and omnibus, coupled with the fact that petitioner is a man of clean antecedent, accordingly, the above named petitioner, in the event of his arrest or surrender before learned trial court within a period of four weeks, is directed to be released on bail 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 Chief Judicial Magistrate, Bettiah/concerned Court, where the case is pending in connection with Shikarpur P.S. Case No. 593 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Chandra Shekhar Jha, J) archana/- U T