Shankar Sharma v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31256 of 2015 Arising Out of PS.Case No. -15 Year- 2007 Thana -SONO District- JAMUI ====================================================== Shankar Sharma .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Bihar State Electricity Board now North Power Distribution Company Ltd.

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

For the Petitioner/s : Mr. Praveen Kumar, Advocate For the Opposite Party/s : Mr. Smt. Anita Kumari Singh(App) For SBPDC : Mrs. Nivedita Nirvikar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-08-2015 Heard learned counsels for the petitioner and the South Bihar Power Distribution Company Limited.

The petitioner is apprehending arrest in a case registered for the offences punishable under Section 379/34 of the Indian Penal Code and under various sections of The Electricity (Amendment) Act, 2007.

The accusation is of unauthorized consumption of electric energy. The loss has been calculated to the tune of Rs.72,000/-.

It is submitted by learned counsel for the petitioner that the FIR has been lodged against Shankar Sah, but the petitioner is Shankar Sharma, subsequently, he has been roped in the present case and charge-sheet has been submitted. Though the case has been lodged in 2007 but the charge-sheet has been submitted in

Patna High Court Cr.Misc. No.31256 of 2015 (2) dt.03-08-2015 2/2 2014. However, the petitioner is ready to deposit 50% of the loss amount before the electricity authority.

On deposit of the aforesaid amount, let he be released on provisional anticipatory bail for a period of four months, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the ACJM, Jamui in connection with Sono P.S. Case No.15 of 2007, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T