Bishundeo Mandal @ Bishnudeo Mandal And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39914 of 2015 Arising Out of PS.Case No. -183 Year- 2015 Thana -AMARPUR District- BANKA ====================================================== 1 Bishundeo Mandal @ Bishundeo Mandal Son of late Ayodhi Mandal

2. Rastrapati Mandal Son of Bishundeo Mandal

3. Biru@Birendra Mandal Son of Bishundeo Mandal

4. Manohar Mandal Son of Bishundeo Mandal

5. Raj Kumar Mandal Son of Bishundeo Mandal

6. Pawan Mandal Son of Bishundeo Mandal all are resident of Village -Bachhani, P.S. Amarpur, District Banka. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Brij Nandad Prasad For the Opposite Party/s : Mr. Vinod Shankar Modi (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 22-12-2015 Heard learned Counsel for the petitioners and learned Counsel appearing on behalf of the State.

Petitioners are apprehending their arrest in connection with Amarpur P.S. Case No. 183 0f 2015 registered for offences punishable under Section 304/34 of the Indian Penal Code. It is submitted by the learned Counsel for the petitioners that in the present case, the petitioners have been roped in only on account of mischievous allegations made by some co-villagers who are on inimical terms with the petitioners. It is further submitted that if at all the petitioners were guilty of using naked electric wire for connecting their transformers, the petitioners at best can be roped in under Section 304(A) for their negligent act

Patna High Court Cr.Misc. No.39914 of 2015 (3) dt.22-12-2015 2/2 and such allegation is subject matter of an enquiry which can best be established by the Electrical Department. Learned Counsel for the petitioners further submits that they are valid consumers and have never indulged in any sort of electrical theft and, therefore, the allegation made against the petitioners cannot be sustained. Considering the gamut of facts and circumstances and that the petitioners have no criminal antecedent, let the petitioners above named, in the event of their 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, be enlarged on bail on furnishing bond of Rs. 10,000 (Rs. Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Amarpur P.S. Case No. 183 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjana Mishra, J) sunil/- U T