Patna High Court - Orders
Raja Ram Sah @ Kaushal Kuar vs The State Of Bihar on 30 August, 2023
Author: Mohit Kumar Shah
Bench: Mohit Kumar Shah
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56708 of 2023
Arising Out of PS. Case No.-281 Year-2022 Thana- GOGRI District- Khagaria
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RAJA RAM SAH @ KAUSHAL KUAR Son of Late Maya Ram Sah
Resident of village - Ratan, P.S. - Gogari, distt. - Khagaria
... ... Petitioner/s
Versus
1. The State of Bihar
2. Bihar State of Electricity Board/NBPDCL, Patna Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Santosh Kumar Singh, Adv.
For the State : Mr.Syed Mojibur Rahman, APP
For the Opposite Party No.2 : Mr.Shrekant Sharan Singh, Adv.
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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
ORAL ORDER
2 30-08-20231. Heard the learned counsel for the petitioner and learned APP for the State.
2. This is an application for grant of anticipatory bail in connection with Gogari P.S. Case No.281 of 2022, registered for offences under Sections 419, 420, 384, 385 and 34 of the IPC.
3. The allegation is regarding the accused persons, including the petitioner herein, having taken some illicit money from a electricity consumer, where the electricity connection was installed by M/s Avinash Kumar with the help of the petitioner and one another co-accused person. Patna High Court CR. MISC. No.56708 of 2023(2) dt.30-08-2023 2/3
4. The learned counsel for the petitioner has submitted that the petitioner is innocent and he has been falsely implicated in the present case. The learned counsel for the petitioner has further submitted that though the petitioner is an accused in one another case but he is on bail in the said case. The learned counsel for the petitioner has also submitted that the petitioner is a daily wage employee and it might be possible that some tip might have been given by the consumer, however, the fact remains that the consumer has not filed any F.I.R. but it is the Electrical Engineer, Maheshkhunt, who has filed the F.I.R. in question with malafide intention and ulterior motive.
5. Per contra, the learned APP for the State has vehemently opposed the prayer for bail.
6. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that the electricity consumer in question has not Patna High Court CR. MISC. No.56708 of 2023(2) dt.30-08-2023 3/3 made any complaint, I deem it fit and proper to admit the petitioner to the privilege of anticipatory bail.
7. Accordingly, the above named petitioner is directed to be enlarged on anticipatory bail, in the event of his arrest or surrender before the court below, within a period of four weeks from the date of receipt/production of a copy of this order, on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Khagaria in connection with Gogari P.S. Case No.281 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Mohit Kumar Shah, J) sonal/-
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