Bir Bahadur Rawat @ Veer Bahadur ... vs The State Of Bihar
2021 Latest Caselaw 2385 Patna

       IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL MISCELLANEOUS No.16161 of 2021
     Arising Out of PS. Case No.-347 Year-2020 Thana- GANDHIMAIDAN District- Patna
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Bir Bahadur Rawat @ Veer Bahadur Rawat @ Beer Bahadur Rawat, aged about 35 years, gender: male, S/o Sri Surendra Rawat, R/o Village- Faijulahpur @ Fajalpur, P.S.- Baikunthpur, Dist- Gopalganj, Present address- Bhattacharya Chawk, P.S.- Gandhi Maidan, Distt- Patna.

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

  For the Petitioner/s    :       Mr. Md. Anis Akhtar,
                                  Mr. Rananjay Kumar, Advocates
  For the State           :       Ms. Shaheen Begum, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 14-06-2021

The matter has been heard via video conferencing.

2. The case has been taken up after being specially

notified under orders of Hon'ble the Chief Justice.

3. Heard Mr. Md. Anis Akhtar, learned counsel along

with Mr. Rananjay Kumar, learned counsel for the petitioner and

Ms. Shaheen Begum, learned Additional Public Prosecutor

(hereinafter referred to as the 'APP') for the State.

4. The petitioner is in custody in connection with

Gandhi Maidan PS Case No. 347 of 2020 dated 29.11.2020,

instituted under Sections 379, 411/34 of the Indian Penal Code

and 136 of the Electricity Act, 2003.

5. The allegation against the petitioner is that he,

being a labourer, was stealing wire of the electric company and Patna High Court CR. MISC. No.16161 of 2021 dt.14-06-2021

loading it on a pickup van and was arrested along with the

driver and khalasi of the said van.

6. Learned counsel for the petitioner submitted that

the incident is alleged to have taken place at 7.55 AM on

29.11.2020 and it is public knowledge that the place of

occurrence is very near to the place where early morning

labourers assemble and they are picked up by the persons for

doing various jobs, which he was doing, without any

understanding of the legal issues. Thus, it was submitted that

being a labourer, he was hired to lift the wire and put it on the

pickup van, which he was doing, as has also been admitted in

the FIR itself. Learned counsel submitted that besides being a

poor daily-wages labourer, the petitioner has no criminal

antecedent and is in custody since 29.11.2020.

7. Learned APP submitted that the petitioner was

arrested at the spot while trying to steal wire belonging to the

electric company.

8. Having considered the facts and circumstances of

the case and submissions of learned counsel for the parties, let

the petitioner be released on bail upon furnishing bail bonds of

Rs. 25,000/- (twenty five thousand) with two sureties of the like

amount each to the satisfaction of the learned ADJ, Special,

Pesu, Patna, in Gandhi Maidan PS Case No. 347 of 2020, Patna High Court CR. MISC. No.16161 of 2021 dt.14-06-2021

subject to the conditions (i) that one of the bailors shall be a

close relative of the petitioner, (ii) that the petitioner and the

bailors shall execute bond with regard to good behaviour of the

petitioner, (ii) that the petitioner shall also give an undertaking

to the Court that he shall not indulge in any illegal/criminal

activity, act in violation of any law/statutory provisions, tamper

with the evidence or influence the witnesses and (iii) that the

petitioner shall cooperate with the Court/police/prosecution.

Any violation of the terms and conditions of the bonds or the

undertaking or failure to cooperate shall lead to cancellation of

his bail bonds.

9. It shall also be open for the prosecution to bring

any violation of the foregoing conditions of bail by the

petitioner, to the notice of the Court concerned, which shall take

immediate action on the same after giving opportunity of

hearing to the petitioners.

10. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J) J. Alam/-

AFR/NAFR U T