Suresh Kumar Nirala v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25408 of 2015 Arising Out of PS.Case No. -492 Year- 2013 Thana -BEGUSARAI MUFFASIL DistrictBEGUSARAI ====================================================== Suresh Kumar Nirala .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anirudh Kumar Verma, Adv. For the Opposite Party/s : Mr. Nitya Nand Tiwary (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 17-07-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 379 of the Indian Penal Code and Section 135 of The Indian Electricity Act. The accusation is of consumption of electricity energy unauthorisedly for commercial purposes. The total loss has been calculated to the tune of `1,73,628/-.

It is submitted by learned counsel for the petitioner that except wire, no equipment or machine was seized and the loss has been calculated mechanically.

Considering the fact that seizure list does not include anything to suggest that electricity energy was used unauthorisedly for the commercial purpose, let the above named petitioner be released on anticipatory bail on deposit of 25% of

Patna High Court Cr.Misc. No.25408 of 2015 (2) dt.17-07-2015 2/2 total loss amount before the North Bihar Power Distribution Company Ltd., in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Begusarai in connection with Begusarai Muffasil P.S. Case No. 492 of 2013, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Amrendra/- U T