Sanjay Kumar Singh @ Chandra Bhushan Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10526 of 2020 Arising Out of PS. Case No.-89 Year-2018 Thana- KASMA District- Aurangabad ====================================================== SANJAY KUMAR SINGH @ CHANDRA BHUSHAN SHARMA (Male), aged about 62 years, son of Late Braj Bhushan Singh @ Late Radheshyam Sharma, resident of Mohalla - Chitsari Nutan Nagar, Police Station - Civil Lines, District - Gaya. Permanent resident of village - Lodipur, Police Station - Kasma, District-Gaya.

... ... Petitioner

Versus

1.

The State of Bihar.

2.

The South Bihar Power Distribution Company Ltd. through its Managing Director, Bihar, Patna.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Manish Kumar No.2, Advocate For the State :

Mr. Binod Kumar, APP For the S.B.P.D.C.L.

:

Dr. Anand Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 04-03-2020 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Kasma P.S. Case No. 89 of 2018, registered for the offence under Section 135 of the Indian Electricity Act.

There was a drive for finding out illegal use of electric power and on that account raid was conducted at different places and found that the establishment of present petitioner, who is alleged to be the contractor attached to the construction of building, was using the electric power illegally, thereby assessment has been made of causing loss of Rs.1,23,479/-

Patna High Court CR. MISC. No.10526 of 2020(2) dt.04-03-2020 2/2 Learned counsel for the petitioner submits that the petitioner is ready to deposit 50% of the assessed amount. In such view of the matter, let the petitioner, abovenamed, be released on provisional anticipatory 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 Special Judge (Electricity), Magadh Area, Gaya, in connection with Kasma P.S. Case no. 89 of 2018, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

Further condition is that the petitioner shall deposit 25% of the assessed amount at the time of furnishing bail bonds before the Court below. If the petitioner deposits the aforesaid 25% assessed amount, then the Court below will accept his bail bonds otherwise his bail bonds would not be accepted. The petitioner would deposit rest 25% of the assessed amount within one month thereafter. If the petitioner deposits 50% of the assessed amount within the period, as stated herein-above, then his provisional bail will be confirmed.

pawan/- (Shivaji Pandey, J) U T