Sushil Mishra v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10851 of 2016 Arising Out of PS.Case No. -66 Year- 2014 Thana -ANDHRATHARI District- MADHUBANI ======================================================
1. Sushil Mishra Son of Sahdeo Mishra, Resident of Pastan, Nav Toli, P.S.- Andhratharhi, District- Madhubani .... .... Petitioner/s
Versus
1. The State of Bihar null null
2. North Bihar Power Distribution Company Limited through Md. Sarwar, Junior Electrical Engineer, Electric Supply Division, Andhratharhi, DistrictMadhubani .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Manoj Kumar Jha For the Opposite Party/s : Mr. Nand Kishore Pd.(App) For N.B.P.D. Company : Mr. Vijay Kr. Verma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-03-2016 Heard learned counsels for the petitioner and the State.
The petitioner is apprehending arrest in a case registered for the offences punishable under Section 135(1)(a) of The Electricity (Amendment) Act, 2007. The accusation is of consumption of electric energy unauthorizedly and the loss has been calculated to the tune of Rs.1,44,503/-.
It is submitted by learned counsel for the petitioner that new electric connection of the petitioner was not approved after deposit of requisite charges but
Patna High Court Cr.Misc. No.10851 of 2016 (2) dt.15-03-2016 2/3 the meter was not installed due to laches on the part of Power Supply Company.
However, the petitioner undertakes to deposit 50% of the alleged calculated loss amount of Rs.1,44,503/- in three monthly installments before the North Bihar Power Distribution Company Limited. Considering the aforesaid undertaking, let the above named petitioner be released on provisional anticipatory bail for four months in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned JM, Jhanjharpur, Madhubani in connection with Andhratharhi P.S. Case No. 66 of 2014 subject to the conditions as laid down under Section 438(2) Cr.P.C.
The provisional bail will be confirmed by the learned court below only on the petitioner showing receipt of deposit of 50% of the alleged calculated loss amount of Rs. 1,44,503/- within three months. The said deposit will be subject to the final
Patna High Court Cr.Misc. No.10851 of 2016 (2) dt.15-03-2016 3/3 assessment or compounding proceeding.
(Dinesh Kumar Singh, J) Anil/- U T