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Patna High CourtCR. MISC./9763/2023bail granted

Virat Narayan v. The State Of Bihar

2023-05-12Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9763 of 2023 Arising Out of PS. Case No.-1198 Year-2022 Thana- NAWADA District- Nawada ====================================================== VIRAT NARAYAN S/o Rajendra Prasad R/o Mohalla- Shyam Market Purani Bazar, P.S.- Nawada Town, Distt- Nawada.

... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

The Assistant Electric Engineer, Electric Supply Additional Commissioner Division, Nawada. Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prithivi Raj Singh, Advocate For the :

Mr.Ram Anurag Singh, Addl Public Prosecutor for the informant Mr. Ajay Kumar Gautam, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-05-2023 Heard learned counsel for the petitioner and the other side.

The petitioner apprehends arrest in a case registered for the offence punishable under sections 420/34 of the Indian Penal Code and sections 136 and 137 of the Electricity Act. Petitioner is the proprietor and contractor of Pragya Laminate Company, whose employees are alleged to have fixed resistance in the internal circuit of smart meter and thus by tampering with the electric meter caused loss to the Company. Learned counsel appearing for the petitioner submits that the petitioner has been roped in this case merely because of being proprietor of the said company and specific allegation of

Patna High Court CR. MISC. No.9763 of 2023(2) dt.12-05-2023 2/2 tempering the smart meter is against other accused persons. No incriminating material has been recovered from the possession of the petitioner. Petitioner claims clean antecedent. Learned counsel for the State as well as the informant oppose the prayer for bail. They submit that the petitioner is the proprietor of the company, whose employees are alleged to have fixed resistance in the internal circuit of smart meter, as such, he cannot escape responsibility.

Considering the aforesaid facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within six weeks from today, let the petitioner, mentioned above, 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 Special Judge Electricity, Magadh Area, Gaya in Nawada Town Police Station Case No. 1198 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T