Patna High Court - Orders
Mantosh Kumar @ Mantosh Kumar Yadav vs The State Of Bihar on 17 May, 2023
Author: Rajeev Ranjan Prasad
Bench: Rajeev Ranjan Prasad
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72383 of 2022
Arising Out of PS. Case No.-55 Year-2022 Thana- SHANKARPUR District- Madhepura
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Mantosh Kumar @ Mantosh Kumar Yadav, S/O Late Upendra Yadav,
Resident of village- Rampurlahi, Ward No- 05, P.S.- Shankarpur, District-
Madhepura.
... ... Petitioner
Versus
1. The State of Bihar
2. North Bihar Power Distribution Company Limited, Electric Supply
Division, Shankarpur, Madhepura.
... ... Opposite Parties
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Appearance :
For the Petitioner/s : Mr. Uday Chand Prasad, Advocate
For the Opposite Party/s : Mr. Satyendra Narayan Singh, APP
For the NBPDCL : Mr. Vijay Kumar Verma, Advocate
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CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
ORAL ORDER
3 17-05-2023Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the North Bihar Power Distribution Company Limited (hereinafter referred to as "the NBPDCL").
The petitioner in the present case is seeking pre-arrest bail in connection with Shankarpur P.S. Case No. 55 of 2022 registered for the offences punishable under Sections 341, 323, 379, 504 and 34 of the Indian Penal Code. He has got no criminal antecedent.
As per the prosecution story, the informant in his written report has stated that on 24.03.2022, while the team of Electricity Department, Shankarpur was engaged in its duty for collection date electricity bill and disconnection due to non- Patna High Court CR. MISC. No.72383 of 2022(3) dt.17-05-2023 2/3 payment, this petitioner along with some other people caused hindrance in doing the alleged work and committed misbehave with the team members and even assaulted them. They also snatched away a printer worth Rs.14,100/-, a mobile phone worth Rs.13,914/- and cash Rs.18,000/- from the members of the Electricity Department for which a first information report was lodged by the concerned officers.
Learned counsel for the petitioner submits that there is no outstanding dues against the petitioner and the allegations against him of causing assault and snatching away mobile and printers are false and concocted.
Learned counsel, however, undertakes that, in case, any outstanding amount is found against the petitioner, he will pay the same immediately.
Learned counsel for the NBPDCL has opposed this application as according to him, it is not only a case of non- payment but the manner in which the staffs of the company have been assaulted when they had gone to collect the outstanding electricity bills, it is likely to set a trend in the village and may result in more and more occurrences in future, hence, the petitioner does not deserve privilege of anticipatory bail.
Learned APP for the State has also opposed the Patna High Court CR. MISC. No.72383 of 2022(3) dt.17-05-2023 3/3 anticipatory bail of the petitioner.
Having regard to the facts and circumstances of the case wherein the allegation against the petitioner and others are that they did not allow the revenue staffs to collect the outstanding amount, indulged in misbehaving and snatched their mobile and printer, this Court is not inclined to grant privilege of anticipatory bail to the petitioner.
Prayer is refused.
Let the petitioner surrender in the learned court below and pray for regular bail. If he surrenders within four weeks from today and prays for regular bail, his prayer shall be considered and disposed of on the same day.
This application stands disposed of accordingly.
(Rajeev Ranjan Prasad, J) lekhi/-
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