Dharmendra Kumar Singh v. The State Of Bihar Through South Bihar Power Distribution Company Ltd.

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12892 of 2019 Arising Out of PS. Case No.-57 Year-2018 Thana- AGION (GARHANI) District- Bhojpur ====================================================== Dharmendra Kumar Singh, Son of Surendra Singh Resident of Village - Gaura, P.O. - Paharpur, P.s.- Garahani, Distt.- Bhojpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR THROUGH SOUTH BIHAR POWER DISTRIBUTION COMPANY LTD. Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dharmesh Kumar Shrivastava For the Opposite Party/s :

Mr.Vinay Kirti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-03-2019 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offence punishable under Section 135 of the Indian Electricity Act.

The prosecution case is to the effect that on 16.05.2018, raid was laid when the petitioner was found consuming electricity energy unauthorizedly. Total loss amount has been calculated to the tune of Rs. 17,241/-.

Learned counsel for the petitioner submits that on 13.06.2017, the petitioner made a complaint with regard to defect in electric meter before the concerned authority, but no action was taken. The

Patna High Court CR. MISC. No.12892 of 2019(2) dt.05-03-2019 2/2 petitioner was a bona fide consumer of the electricity. Learned counsel for the S.B.P.D.C.L. submits that the petitioner was found consuming electricity energy unauthorizedly.

Considering the nature of accusation, and the fact that the petitioner is ready to deposit 50% amount of total calculated loss, coupled with the fact that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned ACJM, Bhojpur at Ara in connection with Agiaon (G) P.S. Cased No. 57 of 2018, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

The aforesaid payment will be subject to any order being passed in assessment/compounding proceeding. (Dinesh Kumar Singh, J) Amrendra/- U T