IN THE HIGH COURT OF JUDICATURE AT PATNA
CR.MISC. NO.15172 OF 2011
1. RUPESH SHARMA, SON OF LATE KASHI MISTRI
2. BRIJ NANDAN KUMAR @ BRIJNANDAN, SON OF CHOWA MAHTO
3. SHASHI KUMAR, SON OF LALU MAHTO
ALL RESIDENT OF VILLAGE MUSAILA, POLICE STATION MOHANPUR,
DISTRICT GAYA
............................................................................................PETITIONERS
VERSUS
1. THE STATE OF BIHAR
2. BIHAR STATE ELECTRICITY BOARD THROUGH THE EXECUTIVE
ENGINEER, RAJEEV GANDHI VIDYUT YOJANA, GAYA
...........................................................................OPPOSITE PARTIES
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2 02/06/2011 Heard Counsel for the parties.
The petitioner is an accused in a case under
Sections 379, 411/34 of the Indian Penal Code and
Section 136 of the Electricity Act. In connection with the
case, he has remained in custody since 25.12.2010.
The allegation against the petitioner is that he
is said to have taken a transformer in his vehicle.
The defence of the petitioner is that he was
taking the transformer under the Rajeev Gandhi
Electricity Scheme. The petitioner was taking the
transformer for repairs. When the villagers came to know
about the case, they filed an application before the Sub
Divisional Judicial Magistrate, that the case has been
filed due to misconception. The informant of this case
has also filed an application before the Officer-in-charge
of Mohanpur Police Station regarding this aspect, which
2
is Annexure-2 to this application.
Be that as it may, the above named petitioner is
directed to be released on bail in Barachatti (Mohanpur)
Police Station Case No. 281 of 2010 on furnishing bail
bonds of Rs. 10,000/- (ten thousand) with two sureties of
the like amount each to the satisfaction of the Special
Judge, Special Court of Electricity, Gaya.
Anand ( Sheema Ali Khan, J. )