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Judgment
The matter has been heard via video conferencing.
The case has been taken up after being specially notified under orders of Hon’ble the Chief Justice.
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.
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.
The allegation against the petitioner is that he, being a labourer, was stealing wire of the electric company and loading it on a pickup van and was
arrested along with the driver and khalasi of the said van.
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.
Learned APP submitted that the petitioner was arrested at the spot while trying to steal wire belonging to the electric company.
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, 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.
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.
The application stands disposed off in the aforementioned terms.