Deepak Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86809 of 2019 Arising Out of PS. Case No.-684 Year-2019 Thana- SAHARSA District- Saharsa ====================================================== Deepak Kumar Singh Son of Suresh Singh @ Suresh Prasad Singh Resident of Village - Bhaiya Ram Bisunpur, P.S.- Bhargama, District - Araria. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The North Bihar Power Distribution Company Ltd. through its the Managing Director, Patna. Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Babu Nandan Prasad For the Opposite Party/s :

Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-02-2020 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 414 of the IPC and Section 136 of the Indian Electricity Act.

The prosecution case, as per the written report of the informant, being the S.I. of the Police submitted to the S.H.O., Saharsa Sadar Police Station is to the effect that during patrolling, on 30.07.2019 at 5.30 P.M., when the informant signalled to stop a silver coloured Bolero Vehicle, being driven in a rash manner, the driver of the same tried to escape from the scene, but it dashed with another vehicle. Thereafter, from the

Patna High Court CR. MISC. No.86809 of 2019(2) dt.24-02-2020 2/3 vehicle in question, three bundle of electric Aluminium wire were recovered.

It is submitted by learned counsel for the petitioner that the seized vehicle is not Bolero, rather the seized vehicle is Tata Sumo, which was purchased by the petitioner. The seized wire is claimed to have been loaded by the registered contractor of Electricity Department, being M/s Satya Narayan Mahto. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent. Learned counsel for the Electricity Department submits that electric wire was recovered from the vehicle of the petitioner, though, he does not controvert this fact that contractor of Electricity Department has claimed the wire being loaded on the vehicle in question.

Considering the nature of accusation, coupled with the fact that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned CJM, Saharsa in connection with Saharsa Sadar P.S. Case No. 684 of 2019,

Patna High Court CR. MISC. No.86809 of 2019(2) dt.24-02-2020 3/3 subject to the condition as laid down under Section 438(2) of the Cr. P.C.

(Dinesh Kumar Singh, J) Amrendra/- U T