Patna High CourtCR. MISC./13700/2021bail granted

Ram Swaroop Ray v. The State Of Bihar

2022-01-03Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13700 of 2021 Arising Out of PS. Case No.-23 Year-2019 Thana- MAHNAR District- Vaishali ====================================================== RAM SWAROOP RAY Son of Sonelal Ray Resident of Village- Lawapur Mahnar, P.S.- Mahnar, District- Vaishali at Hajipur. ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dr. Om Prakash Om, Advocate For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 03-01-2022 Heard Mr. Dr. Om Prakash Om, learned Advocate for the petitioner and the learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Mahnar P.S. Case No. 23 of 2019 dated 20.01.2019 instituted for the offences under Section 135 of the Electricity Act, 2003.

The petitioner is said to have stealthily consumed electrical energy to the tune of Rs. 83,947/-. Learned counsel for the petitioner has submitted that his electrical line was disconnected and he reported the matter to the Public Grievance Redressal Cell. The Grievance Cell directed the Superintending Engineer of the Electric Department to look into the matter and pass necessary orders.

Patna High Court CR. MISC. No.13700 of 2021(2) dt.03-01-2022 2/2 No decision as yet has been taken at the level of the Superintending Engineer of the Electricity Department.

The claim of the informant of the petitioner having misappropriated electrical energy unauthorizedly to the tune of Rs. 83,947/- is absolutely false. Instead of settling the dispute, the department has chosen to falsely prosecute the petitioner.

Considering the aforesaid background facts, the petitioner is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Mahnar P.S. Case No. 23 of 2019, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Ashutosh Kumar, J) krishna/- U T