Vishwnath Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14385 of 2016 Arising Out of PS.Case No. -63 Year- 2015 Thana -PALI District- JEHANABAD ======================================================

1. Vishwnath Sharma, son of Late Laxman Sharma, Resident of VillageAfzalpur, P.S.- Pali, District- Jehanabad (Bihar). .... .... Petitioner/s

Versus

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

For the Petitioner : Mr. Krishna Prasad Singh, Sr. Adv. Mr. Shiw Kumar Prabhakar, Advocate Mr. Uma Shankar Sharma, Advocate For the State : Mr. Raj Ballabh Singh (App) For the Electricity Board : Mr. Anand Kumar Ojha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-04-2016 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Pali Police Station Case No. 63 of 2015, disclosing offences under Sections 379 and 353 of the Indian Penal Code and Section 135 of the Electricity Act, 2003.

Learned Senior Counsel appearing on behalf of the petitioner has submitted that the petitioner is ready to pay the compounding fee and the assessed loss amount in accordance with the provisions of Section 152 of the Electricity Act, 2003.

If the petitioner pays the compounding fee and the assessed loss amount in 6 (six) equal monthly instalments, starting from 02.05.2016, Mr. Anand Kumar

Patna High Court Cr.Misc. No.14385 of 2016 (2) dt.20-04-2016 2/2 Ojha, learned Counsel appearing for the South Bihar Power Distribution Company Limited, submits that the said compounding fee shall be accepted and the case shall be closed accordingly.

Considering the stand taken on behalf of the parties, this application is allowed.

Let the petitioner, Vishwanath Sharma, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (Electricity), Magadh Area, Gaya, in connection with Pali Police Station Case No. 63 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √