Sitaram Mahto @ Siya Ram Prasad @ Sitaram Mahton v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5451 of 2020 Arising Out of PS. Case No.-150 Year-2019 Thana- CHAKAND District- Gaya ====================================================== SITARAM MAHTO @ SIYA RAM PRASAD @ SITA RAM MAHTON, aged about 70 years (Male), son of Late Kail Mahto, resident of Village - Rasalpur, P.S.- Chakand in the District of Gaya. ... ... Petitioner

Versus

1. The State of Bihar.

2. The South Bihar Electricity Power Supply Corporation Limited, Bihar. Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Braj Nandan Kumar Tiwary For the Opposite Party/s :

Mr.Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 06-03-2020 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Chakand P.S. Case No. 150 of 2019, registered for the offence under Section 135 of the Indian Electricity Act.

In a raid, it was found that the petitioner was illegally operating the Flour Mill by using hook, thereby assessment has been made of causing loss of Rs.3,13,996/- to the Company.

Learned counsel for the petitioner submits that the petitioner is ready to deposit 50% of the assessed/bill amount.

Patna High Court CR. MISC. No.5451 of 2020(3) dt.06-03-2020 2/2 In such view of the matter, let the petitioner, abovenamed, be released on provisional anticipatory bail in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the Special Judge (Electricity), Magadh Area, Gaya, in connection with Chakand P.S. Case no. 150 of 2019, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. Further condition is that the petitioner shall deposit 25% of the assessed/bill amount at the time of furnishing bail bonds before the Court below.

If the petitioner deposits the aforesaid 25% assessed/bill amount, then the Court below will accept his bail bonds otherwise his bail bonds would not be accepted. The petitioner would deposit rest 25% of the assessed/bill amount within one month thereafter. If the petitioner deposits 50% of the assessed/bill amount within the period, as stated hereinabove, then his provisional bail will be confirmed.