Deep Shankar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11981 of 2015 Arising Out of PS.Case No. -26 Year- 2014 Thana -MADHUBANI TOWN District- MADHUBANI ====================================================== Deep Shankar .... .... Petitioner

Versus

1. The State of Bihar.

2. The Bihar State Electricity Board, now North Bihar Power Holding and Distribution Company Ltd.

.... .... Opposite Parties.

====================================================== Appearance :

For the Petitioner : Mr. Giridhar Gopal Tiwary. For the State : Mr. Ganesh Prasad Singh (App). For the N.B.P. H.D. Co. Ltd. : Mr.Vijay Kr. Verma, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 31-03-2015 Heard learned counsel for the petitioner as well as learned counsel appearing for the Bihar State Electricity Board, now North Bihar Power Holding and Distribution Company Ltd. and also heard learned Additional Public Prosecutor for the State. The petitioner apprehends his arrest in connection with Madhubani Town P.S. Case No. 26 of 2014, registered under Section 135 of the Indian Electricity Act.

Without admitting the prosecution case, the petitioner is ready to deposit the loss amount in three instalments within three months.

In view of the aforesaid proposal, this anticipatory bail petition is allowed and it is ordered that in the event of arrest or

Patna High Court Cr.Misc. No.11981 of 2015 (2) dt.31-03-2015 2 / 2 surrender within four weeks from the date of receipt of this order to the concerned court, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Madhubani, in connection with Madhubani Town P.S. Case No. 26 of 2014, subject to condition as laid down under Section 438(2) of the Cr. P.C.

and further more, within two weeks from the date of surrender before the learned court below, the petitioner shall deposit 1/3rd loss amount with the concerned Electricity Department and after first deposit the petitioner shall deposit rest two instalments within two months and if the petitioner does so, the concerned Electricity Department shall issue the receipt of deposit in favour of the petitioner and the said receipt of deposit shall be produced by the petitioner before the court below, failing which the learned court below shall be at liberty to cancel the bail bonds of the petitioner. However, it is made clear that the aforesaid deposit shall be result of final judgment in connection with Madhubani Town P.S. Case No. 26 of 2014.

U.K./- (Hemant Kumar Srivastava, J) U T