Jagat Narayan Rai @ Jagat Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9743 of 2023 Arising Out of PS. Case No.-305 Year-2022 Thana- RAJPUR District- Buxar ====================================================== Jagat Narayan Rai @ Jagat Rai Son of Baliraj Rai @ Baliram Ray R/VSarenja, P.S- Rajpur, Dist- Buxar ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

North Bihar Power Distribution Co. Ltd. through Managing Director, Vidhyut Bhawan, Baily Road,Patna Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajit Kumar For the OP No. 2 :

Mr.Ajay Kumar Gautam For the Opposite Party/s :

Ms.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-06-2023 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 135 of the Electricity Act.

As per the prosecution case, on 28.05.2022 at about 7.50 am, a raid was conducted at the commercial premises of the petitioner by the informant and others and during course of raid petitioner was found involved in direct theft of electricity without any valid connection and thus caused loss of Rs. 5,22,192/-.

It is submitted that petitioner has been falsely implicated in this case. There is delay of five months in lodging

Patna High Court CR. MISC. No.9743 of 2023(3) dt.23-06-2023 2/2 of the FIR. Petitioner is the resident of village Dumraon, Dakhin Tola. It is next submitted that petitioner is ready to pay 50% of Rs. 5,22,192/- the alleged amount of the loss caused by the petitioner. Petitioner claims clean antecedents. Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Buxar in connection with Rajpur P.S. Case No. 305 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure with further condition that

(1) petitioner will deposit 25% of the alleged amount through cheque at the time of furnishing bail bond before the court below.

(2) rest 25% will be deposited within six months in installments.

(Prabhat Kumar Singh, J) vinita/- U T