Bablu Kumar Mandal v. The State Of Bihar Through The Chairman S.B.P.D.C.Ltd, Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25742 of 2021 Arising Out of PS. Case No.-257 Year-2020 Thana- JAGDISHPUR District- Bhagalpur ====================================================== BABLU KUMAR MANDAL Son of Umesh Prasad Mandal Resident of Village - Itwa, P.S. -Goradih, District - Bhagalpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR THROUGH THE CHAIRMAN S.B.P.D.C.LTD, BIHAR, PATNA Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sharda Nand Mishra, Advocate For the SBPDCL :

Mr.Vinay Kirti Singh, Sr. Advocate Mr.Vijay Kumar Verma, Advocate Mr.Akhileshwar Singh, Advocate For the State :

Mr.Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-07-2022 Heard the parties.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 379 of the Indian Penal Code and section 135 of Electricity Act.

The allegation against the petitioner is of stealing electrical energy for running of three phase motor of his mill, due to which the Electricity Company has suffered revenue loss to the tune of Rs.243983/-.

Patna High Court CR. MISC. No.25742 of 2021(9) dt.04-07-2022 2/2 It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. It is further submitted that the petitioner has deposited half of the amount of Rs.2,43,983/- and has produced the receipt of the same. Petitioner has no criminal antecedent.

Learned counsel for the Electricity Board has not denied this fact.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Jagdishpur (Goradih) P.S. Case No.257/2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/-shikha/ U T