Rajeev Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5163 of 2019 Arising Out of PS. Case No.-203 Year-2018 Thana- ATHMALGOLA District- Patna ====================================================== Rajeev Kumar(Male) aged about 41 years, son of Sri Umesh Pd. Singh Resident of Village - Dakshini Chak, P.S.-Athmalgola, District-Patna. ... ... Petitioner/s

Versus

1. State of Bihar

2. Assistant Electric Engineer, Electric supply Division, Barh. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravi Ranjan For the Opposite Party/s :

Mr.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 30-01-2019 Heard learned counsel for the petitioner and learned counsel for SBPDCL.

The petitioner apprehends his arrest in Athmalgola P.S. Case No.203 of 2018 registered under Section 135 of Bihar Electricity Act.

The petitioner is alleged to have committed theft of electric energy in running the flour mill and thereby caused loss of Rs.1,23,196/-.

The learned counsel for the petitioner submits that the petitioner had earlier submitted papers for connection of electric line and when the petitioner threatened the officials to move before the Court for necessary direction, the Assistant Engineer on the false allegation lodged the case that the petitioner was committed theft of electric energy. Petitioner has also filed complaint petition against the raiding party in which cognizance was taken. It is further submitted that petitioner is ready to deposit the entire amount in two installments within two

Patna High Court Cr.Misc. No.5163 of 2019(2) dt.30-01-2019 2/2 months.

Learned counsel for the SBPDCL did not raise any objection, if the petitioner deposit the amount. Considering the fact that petitioner is ready to deposit the amount in two installments, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released 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 the learned Special Judge, P.E.S.U. Area, Patna in connection with Athmalgola P.S. Case No.203 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and the condition that the petitioner shall deposit the entire amount i.e. Rs.1,23,196/- in two equal installments within two months from today failing which the learned court below shall cancel the bail bond of the petitioner after forfeiting the security of the sureties. The amount of deposit shall be subject to the result of the case. (Prabhat Kumar Jha, J) Saurabh/- U T