IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.88481 of 2024 Arising Out of PS. Case No.-73 Year-2024 Thana- MUFFASIL District- Aurangabad ====================================================== Rajendra Singh @ Rajendra Yadav, S/o Late Mukhdeo Singh, R/o Village- Jagdishpur, P.S.- Phesar, District- Aurangabad ... ... Petitioner/s Versus 1. The State of Bihar 2. Electrical Executive Engineer, Power Supply Division, Aurangabad Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Binod Kumar Pandey, Advocate For the State : Mr. Brajendra Nath Pandey, APP For the O.P. No.2 (SBPDCL) : Mr. Kumar Priya Ranjan, Add. S.C. Mr. Sandeep Kumar, Advocate Mr. Sudarshan Bharadwaj, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 2 10-01-2025 Heard learned counsel for the petitioner and Mr. Brajendra Nath Pandey, learned APP for the State. 2.The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Aurangabad (Muffasil) P.S. Case No.73 of 2024 instituted for the offence under Sections 136 of Electricity Act. 3. The case of the prosecution is that due to break down in electricity supply patrolling was done by the persons of the department and it was found that electric wire has been stolen by the unknown person. It has been alleged that altogether 4 kilometers of the electric wire has been stolen. During investigation, behind the house of this petitioner 70 Patna High Court CR. MISC. No.88481 of 2024(2) dt.10-01-2025 2/3 bundles of wire, five cross arm, service pipe, rabit wire and disinsulator was recovered. One pick-up van was also there. From a newly constructed house, certain were was also recovered and from asbestos house which is used for keeping bhussa, huge amount of wire and other articles of electricity were recovered. 4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted that the recovery has been made behind the house of the petitioner and not from the house of the petitioner or regarding newly constructed house, it has been submitted that this does not belong to the petitioners. As far as the asbestos covered house is concerned, it has been submitted that it is an open house and it is only used for putting bhussa over there. It has been argued by learned counsel for the petitioner that one pick-up Van was also recovered which does not belong to the petitioner. It has also been submitted that entire recovery is not from the possession of the petitioner. Petitioner is having no criminal antecedent. 5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner. Patna High Court CR. MISC. No.88481 of 2024(2) dt.10-01-2025 3/3 6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Aurangabad (Muffasil) P.S. Case No. 73 of 2024, he will be enlarged on bail 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., Aurangabad, subject to the conditions as laid down under section 438(2) of the Cr.P.C. lata/- (Ashok Kumar Pandey, J) U T