Shivshankar Yadav v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9816 of 2019 Arising Out of PS. Case No.-170 Year-2018 Thana- FULKAHA DistrictAraria ====================================================== SHIVSHANKAR YADAV aged about 38 years, male, son of Shri Lakhan Lal Resident of Village - Amrouri, Ward No. 14, P.S.- Fulkaha Bazar, DistrictAraria. ... ... Petitioner

Versus

1.

The State of Bihar 2.

Electrical Executive Engineer, Electric Supply Division, Araria Bihar ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Sanjay Kumar Sharma Mr. Kumar Ravish, Advocates.

For the O.P. No. 2 :

Mrs. Nivedita Nirvikar, Advocate.

For the State : Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 20-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 135 of the Electricity Act registered in connection with Fulkaha P.S. Case No. 170 of 2018.

3. It is submitted that the petitioner has been falsely implicated and in view of the disputes, the matter was taken to the Consumer Grievance Redressal Forum and by order dated 17.11.2017 (Annexure-P/5) the petitioner was permitted to make payment of Rs. 25,000/- as the first instalment together with RC-DC charges upon which new meter would be installed by the Power Company and electricity restored. It is stated pursuant to the aforesaid order of the CGRF, the requisite amount of

Patna High Court CR. MISC. No.9816 of 2019(11) dt.20-09-2019 2/2 Rs. 25,000/- with RC-DC charges was duly adjusted against the instalments paid (Page-25 of the brief). Accordingly a new meter was installed and energized but however after removing the matter, the Power Company has made allegations of theft of electricity by the petitioner. It is further stated that 8 metres double core wire was seized from the petitioner's premises with supported the allegations of theft.

4. Learned counsel for the Power Company is present. By order dated 20.02.2019, this Court granted more than a month's time to the Power Company to file its counter affidavit in view of the petitioner's stand that there was no inspection report or seizure memo. Subsequently on the prayer of the Power Company, further time was granted by order dated 20.06.2019 and 26.07.2019 but even after a lapse of more than six months no counter affidavit has been filed till date.

5. Having regard to the entirety of the facts and circumstances of the case, the provisional anticipatory bail granted to the petitioner by order dated 20.02.2019 pending in the Court of Chief Judicial Magistrate, Araria in connection with Fulkaha P.S. Case No. 170 of 2018 is hereby confirmed. (Vikash Jain, J) Ibrar//- U T