Vishanu Kumar v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10419 of 2019 Arising Out of PS. Case No.-562 Year-2017 Thana- NATHNAGAR District- Bhagalpur ====================================================== Vishanu Kumar, aged about 26 years (Male), Son of Late Bijay Mandal, Resident of Village- Bhuwalpur, P.S- Nath Nagar, District- Bhagalpur ... ... Petitioner

Versus

1. The State of Bihar

2. Sourth Bihar Power Distribution Co. Ltd. through the Managing Director, Patna, Bihar Bihar ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr. Shiwesh Chandra Mishra For the Opposite Party/s :

Mr. Ajit Kumar Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 21-02-2019 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Nathnagar P.S. Case No.562 of 2017, registered for the offences under Section 135 of the Indian Electricity Act.

During the raid, it was found that the petitioner was using the electricity illegally, thereby caused a loss of Rs.53,770/- to the South Bihar Power Distribution Company. Learned counsel for the petitioner submits that the petitioner is ready to deposit the entire outstanding amount in four equal installments and the petitioner will deposit first installment within two weeks from today.

Patna High Court Cr.Misc. No.10419 of 2019(2) dt.21-02-2019 2/2 In such view of the matter, let the petitioner, namely, Vishanu Kumar, be released on provisional bail in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the A.C.J.M.-1, Bhagalpur, in connection with Nathnagar P.S. Case no. 562 of 2017, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. This provisional bail is subject to the condition that the petitioner would pay entire outstanding amount in four equal installments, first installment will be paid within two weeks from today and rest three installments will be in the gap of one month. In failure to make payment any of the installments, as has been mentioned hereinabove, this order will be treated to have withdrawn. If the petitioner makes payment of entire outstanding amount, in such circumstance, his provisional bail will be confirmed.

(Shivaji Pandey, J) pawan/- U T