Jitesh Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16303 of 2015 Arising Out of PS.Case No. -119 Year- 2014 Thana -BUNIADGANJ District- GAYA ====================================================== Jitesh Kumar, S/o Late Mahavir Ram, R/o Mohalla- Manpur Patwatoli, P.S.- Buniyadganj, Dist-Gaya.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. India Power Corporation (Bodh Gaya) Limited Through its executive Engineer, I.P.C. (B)L Gaya.

3. The South Bihar Power Distribution Company Ltd. through its Managing Director,Vidyut Bhawan, Bailey Road, Patna .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner : Mr. Sanjeev Kumar, Advocate For the S t a t e : Mr. Durgesh Nandan(APP) For O.P. No.3 : Mr. Ajay Kumar Gautam, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 26-11-2015 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the South Bihar Distribution Company Ltd.

The present application for anticipatory bail has been occasioned as the petitioner is apprehending his arrest in connection with Buniyadganj P.S. Case No.119 of 2014 for allegedly having committed the offence under Section 135 of the Indian Electricity Act.

The allegation against the petitioner is that without taking electric connection, the petitioner has been availing the benefit of power supply to his Power loom Factory contrary to the provisions of the Electricity Act.

Patna High Court Cr.Misc. No.16303 of 2015 (7) dt.26-11-2015 2/2 Learned counsel for the South Bihar Distribution Company Ltd. submits that the said action of the petitioner is non-bailable offence, for which the present case has been registered.

Without going into the controversies involved in the present case, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, 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 the learned Special Judge (Electricity), Gaya, in connection with Buniyadganj P.S. Case No.119 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. It is made clear that the present order shall be applicable only if the petitioner deposits 50% of the amount, as alleged in the F.I.R. However, the said deposit by the petitioner shall be subject to the result of the present case. (Anjana Mishra, J) PNM U T