IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12350 of 2010 1. Md. Ashfaque Ansari, son of Late Khodadin, resident of Village-Kharaj Hakimabad, P.S.-Muffasil Samastipur, District-Samastipur. 2. Amarnath Rai, son of Lakhan Rai, resident of Village- Kharaj Hamimabad, P.S. Muffasil Samastipur, District- Samastipur. ……………………………….Petitioners. Versus The State of Bihar …………………………Opposite Party. For the petitioner :- Mr. Bijay Bhusan Prasad,Advocate. Fir the State :- Mr. Sanjay Kumar Tiwary, A.P.P. ----------- 2. 07. 05. 2010. Heard the parties. In a criminal prosecution for offence under Section 353 and some other bailable and minor offences of the Indian Penal Code, the petitioners and some other villagers are alleged to have entered into the official residence of the informant and are alleged to have abused him and caused certain damages due to certain dispute on the question of supply of electricity to the residents of Village- Jitwarpur Dih. Learned counsel for the petitioners submits that in fact the present case is a counter blast of the case lodged from the side of the petitioners by one Bijay Kumar Rajak vide Annexure-2, wherein the present informant is alleged to have taken Rs. 10,000/- from the villagers for changing the transformer, but despite payment transformer was not changed and electricity is not being supplied in the village. It is submitted that in the said background, some villagers were protesting against the informant and for that reason the present case has been lodged with false and baseless allegation 2 against them, so offence under Section 353 I.P.C. is not attracted against them and other offences are minor and bailable one. In view of the fact that there are case and counter case from both sides with respect to same occurrence, in the event of their arrest/surrender in connection with Samastipur Town P.S. Case No. 354 of 2007, within a period of four weeks from today, the above named petitioners shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Samastipur, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. m.p. ( Birendra Prasad Verma, J.)