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Patna High CourtCR. MISC./89437/2024allowed

Bhola Yadav @ Bholi Yadav @ Bholi v. The State Of Bihar

2025-01-08Mr. Justice Khatim Reza3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89437 of 2024 Arising Out of PS. Case No.-206 Year-2024 Thana- BYPASS District- Patna ====================================================== Bhola Yadav @ Bholi Yadav @ Bholi S/o Amwika Prasad @ Ammak Prasad Resident of Paijawa, P.S.- Bypass, District- Patna, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Saifur Rahman, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 08-01-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Bypass P.S. Case No. 206 of 2024 dated 25.05.2024, instituted for the offence punishable under Sections 341, 323, 353, 427, 504 & 34 of the Indian Penal Code.

3. The prosecution case, in short is that the informant namely, Binit Kumar, who is the Assistant Electrical Engineer in SBPDCL, got an information on phone on 24.05.2024 at 02:30 pm that some people were making objection in official work. Thereafter, the informant reached at the said place and tried to convince them. Then at 03:00 pm, during the meter exchange of Arti Devi, objection was created by Sulendra Yadav and other. It is further alleged that accused persons made a pressure to

Patna High Court CR. MISC. No.89437 of 2024(2) dt.08-01-2025 2/3 exchange the digital meter in place of smart meter and tried to snatch the mobile and the petitioner (Bhola Yadav) threw the mobile phone when Abhishek Kumar started recording the video.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that petitioner has no concern either with the said house or the consumer, Arti Devi. It is next submitted that petitioner is the neighbour of Arti Devi and no any staff of SBPDCL came to his house for installation of smart meter. It is further stated that the petitioner has already installed the Digital Meter and Smart Meter is not installed in the house of the petitioner. Lastly, it has been submitted that petitioner has one criminal case against him.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Bypass P.S. Case No. 206 of 2024, he/they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two

Patna High Court CR. MISC. No.89437 of 2024(2) dt.08-01-2025 3/3 sureties of the like amount each to the satisfaction of the learned A.C.J.M.- VI, Patna City, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Khatim Reza, J) Sankalp/- U T