Syed Md. Zakiur Rahman v. The Bihar State Power Transmission Company Ltd., Patna
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5023 of 2015 Arising Out of PS.Case No. -146 Year- 2014 Thana -BACHWARA District- BEGUSARAI ======================================================
1. Syed Md. Zakiur Rahman S/o Syed Md. Aziur Razhman Resident of village - Kadrabad, P.S. Bachhwara, District - Begusarai .... .... Petitioner/s
Versus
1. The Bihar State Power Transmission Corporation, Bihar, Patna .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ram Naresh Singh For the Opposite Party/s : Mr. Vinay Kirti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 05-02-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner apprehends his arrest in connection with Bachchwara P.S. Case No. 146 of 2014 registered under Section-135 of the Electricity Act.
It is alleged that the petitioner was consuming electric energy illegally but submission on behalf of the petitioner is that the tower was installed in the premises of the petitioner and prior to installation of the tower, an agreement was executed between the petitioner and the concerned company and it was the duty of concerned company to ensure commercial connection in respect of the aforesaid tower and, therefore, the aforesaid terms and conditions go to show that the petitioner had no concern with
Patna High Court Cr.Misc. No.5023 of 2015 (2) dt.05-02-2015 2/2 the supply of power to the above-said tower. It is further contended by him that as a matter of fact, the petitioner has been roped in this case with a view to save the skin of the concerned company.
Considering the submission of the parties and also taking note of paragraph-6 of the lease dated 06-06-2012, let the petitioner named-above, in the event of arrest or surrender in the court below within four weeks from today, shall be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Bachchwara P.S. Case No. 146 of 2014 to the satisfaction of Chief Judicial Magistrate, Begusarai subject to conditions as laid down u/S 438(2) of the Cr. P.C.
(Hemant Kumar Srivastava, J) A.K.V./- U T