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Patna High Court - Orders

Raushan Kumar Mishra & Ors vs State Of Bihar & Anr on 11 January, 2018

Author: Mohit Kumar Shah

Bench: Mohit Kumar Shah

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Criminal Miscellaneous No.57997 of 2017
                             Arising Out of PS.Case No. -359 Year- 2017 Thana -BAGHA District-
                                              WESTCHAMPARAN(BETTIAH)
                 ======================================================
                 1. Raushan Kumar Mishra, Son of Braj Bhushan Mishra, Resident of
                    Village- Bankatwa Ward No. 21, P.S.- Bagaha, District- West
                    Champaran
                 2. Akhilesh Kumar Yadav, son of Mannu Yadav, Resident of Village-
                    Bankatwa, P.S.- Bagah, District- West Champaran.
                 3. Aditya Kumar, Son of Madan Kishore Prasad, Resident of Village-
                    Bankatwa, Ward No. 22, P.S.- Bagaha, District- West Champaran.

                                                                                  .... ....   Petitioner/s
                                                         Versus
                 1. The State of Bihar.
                 2. The Bihar State Electricity, Board, Patna.
                                                                 .... .... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     : Mr. Vijay Kr Singh No. 1
                 For the Opposite Party/s : Mr. Anil Kumar, APP
                 For the NBPDCL           : Mr. Kunal Tiwary
                                            Mr. Anupam Raj
                                            Mr. Aniket Singh

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                 ORAL ORDER

3   11-01-2018

Heard the learned counsel for the petitioners and the learned APP for the State.

This is an application for grant of anticipatory bail in connection with Bagaha P.S. Case No. 359 of 2017 registered for the offence punishable under Sections 420, 418, 419, 457, 468 and 469/34 of the Indian Penal Code.

The allegation is regarding the petitioners being involved in the work of meter reading and during the course of recording the meter reading, they had incorrectly recorded the same. Patna High Court Cr.M isc. No.57997 of 2017 (3) dt.11-01-2018 2/2

The learned counsel for the petitioners submits that the present case can at best be said to be a case of negligent working and dereliction in duty, however, no criminal offence is attracted. It is submitted that the petitioners have a clean antecedent.

The learned counsel for the North Bihar Power Distribution Company Limited has vehemently opposed the prayer for anticipatory bail since the Superintendent of Police has found the case to be true.

Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioners above named, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM, Bagaha, District-West Champaran in connection with Bagaha P.S. Case No. 359 of 2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) S.Sb/-

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