Kanhaiya Prasad Gandhi v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.18590 of 2016 (2) dt.09-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18590 of 2016 Arising Out of PS.Case No. -131 Year- 2015 Thana -KOCHAS District- SASARAM (ROHTAS) ====================================================== Kanhaiya Prasad Gandhi Son of Late Butan Sah, Resident of Village + P.S. - Kochas, District - Rohtas.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Laljee Kumar Junior Electricity Engineer Electricity Supply Section Kochas District - Rohtas.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Tiwary For the Opposite Party/s : Mr. A.Dayal(App) ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 09-05-2016 Heard parties.

The petitioner apprehends his arrest in connection with Kochas P.S. Case No. 131/2015 registered for offences punishable under Sections 379 of the Indian Penal Code and Section 135 of the Electricity Act.

As per allegation, the petitioner was consuming electricity illegally from the L.T. line. It is contended on behalf of the petitioner that signature of family members has not been obtained on the seizure list and the petitioner is a bonafide consumer.

Learned counsel appearing on behalf of Power Holding Company Ltd. has submitted that petitioner has caused a

Patna High Court Cr.Misc. No.18590 of 2016 (2) dt.09-05-2016 loss of more that 75,000/- to the electricity department. Having regard to the facts and circumstances of the case, let the petitioner, namely, Kanhaiya Prasad Gandhi, be released on bail in the event of arrest/surrender before the court below within a period of six weeks from today in Kochas P.S. Case No. 131 of 2015, on furnishing bail bond of Rs.10,000( Ten Thousand Rupees) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate Rohtas at Sasaram, subject to the conditions as laid down under sub-section(2) of Section 438 of the Code of Criminal Procedure with a further condition that petitioner would deposit 20% of the due amount before the company and produce the receipt of such payment before the court below at the time of furnishing bail bond. (Dr. Ravi Ranjan, J.) rinkee/-siddharth U T