Patna High Court - Orders
Sunil Poddar vs The State Of Bihar on 24 January, 2023
Author: Anjani Kumar Sharan
Bench: Anjani Kumar Sharan
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69323 of 2022
Arising Out of PS. Case No.-464 Year-2021 Thana- SUPAUL District- Supaul
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1. SUNIL PODDAR SON OF SRI GULAB PODDAR R/O VILLAGE-
AMAHA SAPARDAHA, WARD NO.8, P.S.- SUPAUL (LOKAHA O.P.),
DISTRICT- SUPAUL
2. RANJEET YADAV @ GULEL YADAV SON OF SRI DHANIK LAL
YADAV R/O VILLAGE- AMAHA SAPARDAHA, WARD NO.8, P.S.-
SUPAUL (LOKAHA O.P.), DISTRICT- SUPAUL
3. GORKA RAM @ GAURKA RAM SON OF SRI HARIHAR RAM R/O
VILLAGE- AMAHA SAPARDAHA, WARD NO.8, P.S.- SUPAUL
(LOKAHA O.P.), DISTRICT- SUPAUL
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Amrit Abhijat, Adv.
For the Opposite Party/s : Mr.Kalyan Shankar, APP.
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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN
ORAL ORDER
2 24-01-2023Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 353, 427, 379, 504, 506, 34 of the Indian Penal Code.
Allegedly, petitioners are said to have disrupted the supply of electricity causing loss to the tune of Rs. 1,25,000/- to North Bihar Power Distribution Company Limited. They also assaulted the mechanic who came to repair the cable and the female employee posted as SBO.
Patna High Court CR. MISC. No.69323 of 2022(2) dt.24-01-2023 2/3 It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. No such occurrence as alleged ever took place. They have been falsely implicated in this case. It is further submitted that on the basis of written report, Supaul (Laukaha O.P.) P.S. Case No. 464/2021 has been instituted u/s 341, 323, 353, 427, 379, 504, 506, 34 of the Indian Penal Code against petitioners but after the investigation, case was found to be true u/s 353, 341, 342, 504, 506, 34 of the Indian Penal Code. In the present case, only Section 353 is non-bailable and the rest of the sections are bailable. He further submits that during the investigation, petitioners were granted benefit of Section 41(A) of Cr.P.C. by executing bond before Investigation Officer. Petitioners have no criminal antecedent as mentioned in para-3 of this application.
Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since there is no specific overt act against the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court Patna High Court CR. MISC. No.69323 of 2022(2) dt.24-01-2023 3/3 below where the case is pending/successor Court in connection with Supaul (Lokaha O.P.) P.S. Case No. 464 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) divyanshi/-
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