Nagendra Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12855 of 2022 Arising Out of PS. Case No.-435 Year-2021 Thana- WAJIRGANJ District- Gaya ====================================================== NAGENDRA MAHTO SON OF RAMLAL MAHTO, R/O VILLAGEBUDHAUL, P.S.- WAZIRGANJ, DISTRICT- GAYA. ... ... Petitioner/s

Versus

THE STATE OF BIHAR.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prithivi Raj Singh, Adv.

For the Opposite Party/s :

Mr.Vinay Kirti Singh, Sr. Adv.

Mr. Vijay Kr. Verma, Adv.

Mr. Akhileshwar Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 26-09-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month. Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner apprehends his arrest in connection with Wazirganj P.S. Case No. 435 of 2021, registered for offence punishable under section 135 of the Bihar Electricity Act. As per allegation, the electric connection of the petitioner was disconnected in the month of November, 2020 as there was due on him of Rs. 30,940/-. On raid, he was found running a motor of 3.73 Kilo-watt by pilfering the electricity. The South Bihar Power Distribution Company Limited has suffered a loss of Rs. 2,45,714/-.

The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated. He has

Patna High Court CR. MISC. No.12855 of 2022(2) dt.26-09-2022 2/2 submitted further that the petitioner is ready to deposit 50% of the total amount within six equal monthly installments. Considering the above-mentioned facts and circumstances, the petitioner above-named, in the event of his arrest or surrender, within four weeks from today, is directed to be released on bail provisionally on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Special Judge Electricity Magadh Area Gaya in connection with Wazirganj P.S. Case No. 435 of 2021, subject to condition as laid down under section 438(2) Cr. P.C. The learned court below shall confirm the bail bond only after payment of entire installments within the assured period. Accordingly, this criminal miscellaneous petition is disposed of.

Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Mahesh/- U T