Tilakchand Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14534 of 2020 Arising Out of PS. Case No.-344 Year-2018 Thana- JOGBANI District- Araria ====================================================== TILAKCHAND MEHTA Son of Late Thithar Mehta Resident of Village - Baijhathpur, Ward No. 1, P.S.- Jogbani, District - Araria. ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ambrish Rahul For the Opposite Party/s :

Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-07-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and Mr. Choubey Jawahar, the learned APP appearing for the State. The petitioner apprehends his arrest in connection with Jogbani P.S. Case No. 344 of 2018 for the offence punishable under Section 135 of Electricity Act. The allegation is regarding a raid having been conducted by the officers and employees of the Electricity department on the residential premises of the consumer of electricity and as far as the petitioner is concerned, he was found to have illegally connected the electricity line of his premises

Patna High Court CR. MISC. No.14534 of 2020(2) dt.02-07-2020 2/3 with the main L.T. line. It is further alleged that the electricity connection of the premises of the petitioner had been disconnected earlier due to non-payment of the electricity bill and on account of the alleged theft of electricity having been committed by the petitioner herein, the loss of the revenue has been assessed to be a sum of Rs. 1,76,580/- and further it has been alleged that a sum of Rs. 31,911/- is outstanding for payment qua the petitioner herein on the head of outstanding dues pertaining to the electricity consumed by the petitioner herein, while he was having a valid connection. The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and is having a clean antecedent. It is further submitted that in order to show his bona fide, the petitioner is ready to deposit a sum of Rs. 80,000/- with the Nazarat of the Civil court.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the fact that the petitioner is ready to deposit a sum of Rs. 80,000/- (roughly 50% of the total amount), I deem it fit and proper to admit the petitioner to the privilege of anticipatory bail, subject to him

Patna High Court CR. MISC. No.14534 of 2020(2) dt.02-07-2020 3/3 producing receipt of deposit of a sum of Rs. 80,000/- with the Nazarat of the Civil court at Araria.

Accordingly, in the event of arrest or surrender in the court below within a period of four weeks from today, the petitioner, above named, is directed to be released on anticipatory bail on furnishing bail- bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned A. C.J.M.-1st, Araria, in connection with Jogbani P.S. Case No. 344 of 2018, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure and further subject to the petitioner producing receipt of deposit of a sum of Rs. 80,000/-, as aforesaid.

(Mohit Kumar Shah, J) Tiwary/- U T