Dev Kumar Sah v. The South Bihar Power Distribution Company Ltd.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27917 of 2018 Arising Out of PS. Case No.-186 Year-2017 Thana- BRAHMPUR District- Buxar ====================================================== Dev Kumar Sah, S/o Late Kamala Sah, Resident of Village-Thara Road Brahampur, P.S. Brahampur, District-Buxar.

... ... Petitioner

Versus

The South Bihar Power Distribution Company Ltd.Vidut Bhavan, Baily Road Patna.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Virendra Kumar, Adv.

For the Opposite Party/s :

Mr. None.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 09-05-2018 Heard Sri Virendra Kumar, learned counsel for the petitioner. None appeared either on behalf of South Bihar Power Distribution Company Ltd. or on behalf of the State. The petitioner, who is an electric consumer, has approached this Court with a prayer to grant anticipatory bail in Brahampur P.S. Case No.186/2017 registered for the offence under Section 135 of the Electric Act. Since Section 135 of the Electric Act is itself compoundable, there is no need to consider the prayer for anticipatory bail, however learned counsel for the petitioner, on instruction, submits that the petitioner is ready to deposit claimed amount i.e. total amount of Rs.1, 81, 621/- which

Patna High Court Cr.Misc. No.27917 of 2018(2) dt.09-05-2018 2/3 has been assessed to be loss caused to the Power Company. Since an undertaking has been given by the petitioner subject to fixing payment on instalment, there is no reason to refuse the submission of learned counsel for the petitioner. Accordingly, the present petition stands disposed of with observation that the petitioner would be at liberty to pay claimed amount Rs.1, 81,621/- in six instalments. On the date of appearing before the court below, the petitioner will deposit first instalment and, thereafter, he will pay other five instalments every month.

It goes without saying that if the petitioner within six weeks from today appears before the court below and makes payment of first instalment, the petitioner, namely, Dev Kumar Sah shall be released on bail on furnishing bail bond of Rs.10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in connection with Brahampur P.S. Case No.186 of 2017, subject to conditions as laid down in Section 438(2) of the Code of Criminal Procedure.

Patna High Court Cr.Misc. No.27917 of 2018(2) dt.09-05-2018 3/3 court, his bail bond shall stand automatically cancelled. (Rakesh Kumar, J) nawalkrs/- U T