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Patna High Court - Orders

Shambhu Sah 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.40478 of 2022
                   Arising Out of PS. Case No.-94 Year-2022 Thana- RAJEPUR District- East Champaran
                 ======================================================
           1.     Shambhu Sah Son Of Late Lagan Sah Resident Of Village - Madhuwaha
                  Brit, P.S.- Rajepur, District - East Champaran
           2.    Pradip Sah @ Pradeep Sah Son Of Kishuni Sah Resident Of Village -
                 Madhuwaha Brit, P.S.- Rajepur, District - East Champaran
           3.    Awadh Sah Son Of Pradip Sah @ Pradeep Sah Resident Of Village -
                 Madhuwaha Brit, P.S.- Rajepur, District - East Champaran
                                                                          ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar
           2.     The Chairman, North Bihar Power Distribution Company Limited
                  (NBPDCL), Bihar, Patna. Bihar
                                                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :     Mr.Abhishek Kumar, Adv.
                 For the State             :     Mr.Rajendra Nath Jha, APP
                 For the Opp. No. 2              Mr. Vinay Kirti Singh, Sr. Adv.
                                                 Mr. Vijay Kumar Verma, Adv.
                                                 Mr. Akhileshwar Singh, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN
                                       ORAL ORDER

6   24-01-2023

Heard learned counsel for the parties.

Learned counsel for the petitioners undertakes to remove the defects, if any, within three weeks.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 307, 326, 379, 504, 506 of the Indian Penal Code.

Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. Learned counsel for the petitioners has filed the Patna High Court CR. MISC. No.40478 of 2022(6) dt.24-01-2023 2/2 supplementary affidavit in which it is stated that the petitioners have deposited the due electricity bill of Rs. 24,701/- on 12.01.2023. He further submits that petitioners have criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case and the fact that the petitioners have deposited the due amount, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail 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 below where the case is pending/successor court in connection with Rajepur P.S. Case No. 94 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/-

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