Pramod Yadav @ Pramod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8613 of 2020 Arising Out of PS. Case No.-767 Year-2019 Thana- LAKHISARAI District- Lakhisarai ====================================================== PRAMOD YADAV @ PRAMOD KUMAR S/o- Sri Kanahiya Yadav Resident of Village- Morma, P.S.- Amraha, District- Lakhisarai. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Junior Engineer, Gramin, Electric Supplier, Division, Lakhisarai, South Bihar Electricity Deptt Lakhisarai, Bihar.

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

For the Petitioner/s :

Mr.Amrendra Kumar For the Opposite Party/s :

Mr.Parmanand Kumar For O.P. no. 2 :

Mr. Kumar Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 25-06-2020 The present petition has been taken up for consideration through the mode of Video Conferencing in view of the prevailing situation on account of COVID-19 Pandemic. Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Lakhsarai (Amraha O.P.) PS case no. 767 of 2019 registered for the offences punishable under Section 135 of Electricity Act.

The accusation is regarding the petitioner having been caught while engaging in theft of electricity and the informant has estimated that a loss of Rs. 1,50,891/- has been

Patna High Court CR. MISC. No.8613 of 2020(3) dt.25-06-2020 2/3 caused to the South Bihar Private Limited Company on account of said theft by the petitioner herein.

The learned counsel for the petitioner submits that the petitioner is innocent, has been falsely implicated in the present case and is having a clean antecedent. It is further submitted that in order to show his bonafides, the petitioner is ready to deposit a sum of Rs. 50,000/- with the Nazarat of the Civil Court at Lakhisarai, out of total loss amount of approximately Rs. 1.5 lacs.

The learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, the submissions advanced by the learned counsel for the parties and taking into account the fact that the petitioner is ready to deposit a sum of Rs. 50,000/-, I deem it fit and appropriate to admit the petitioner to the privilege of anticipatory bail. Accordingly, the abovenamed petitioner, in the event of his arrest or 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 released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.8613 of 2020(3) dt.25-06-2020 3/3 learned C.J.M., Lakhisarai in connection with Lakhisarai PS case no. 767 of 2019 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure and further subject to the petitioner producing the receipt showing deposit of a sum of Rs. 50,000/- with the Nazarat of the Civil Court at Lakhisarai.

The petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) rinkee/- U T