Santosh Kumar Khoshla v. The State Of Bihar And ANR.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2753 of 2019 Arising Out of PS. Case No.-99 Year-2018 Thana- BABUBARHI District- Madhubani ====================================================== Santosh Kumar Khoshla, son of Satrughan Prasad Khoshla, Resident of Village-Basopatti, P.S-Babubarhi, District-Madhubani ... ... Petitioner/s

Versus

1. The State of Bihar

2. The Electricity Board, North Bihar Power Greed Limited Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ratanakar Jha, Advocate For the Opposite Party/s :

Mr. R. B. Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 22-01-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Babubarhi P.S. Case No.99 of 2018 registered under Sections 147, 149, 353, 427, 506 and 504 of the Indian Penal Code. It is submitted by the learned counsel for the petitioner that save and except section 353 of the Indian Penal Code, all other sections under which the first information report has been instituted are bailable in nature. He contended that though a protest was made by the villagers against continuous load shading but no one had taken law in their hands. In course of inquiry, some altercation had taken place and an exaggerated version was given by the informant on the basis of which the

Patna High Court Cr.Misc. No.2753 of 2019(2) dt.22-01-2019 2/2 FIR has been registered under Section 353 of the Indian Penal Code. He further contended that the petitioner is an innocent villager having no criminal antecedent.

Learned counsel for the State opposed the application for grant of pre-arrest bail to the petitioner. Considering the submissions made above, in the event of arrest or surrender in the court below, the petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Madhubani in connection with Babubarhi P.S. Case No.99 of 2018 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Ashwani Kumar Singh, J.) Sanjeet/- U T