Shankar Saw v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26362 of 2021 Arising Out of PS. Case No.-290 Year-2020 Thana- WAJIRGANJ District- Gaya ====================================================== Shankar Saw S/O Sahvir Saw R/O Kadhariya, P.S-Wazirganj, District-Gaya. ... ... Petitioner/s
Versus
1.The State Of Bihar
2. Assistant Electrical Engineer-cum-Assessing Officer, Electric Supply SubDivision, Wazirganj, Gaya ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Ajit Ranjan Kumar, Advocate For the State :
Mr. Umeshanand Pandit, APP For Opp. Party No.2 :
Mr. Ajay Kumar Gautam, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 28-04-2022 Heard learned counsel for the petitioner, learned APP for the State as well as learned counsel for the opposite party no.2.
The petitioner apprehends his arrest in connection with Wazirganj P.S. Case No.290 of 2020 registered for offences under Section 135 of the Bihar Electricity Act. A counter affidavit has been filed on behalf of the South Bihar Power Distribution Company Limited by Mr. Ajay Kumar Gautam, learned counsel for the Company, which is taken on record .
Learned counsel for the petitioner has fairly submitted that the petitioner is ready to deposit the loss amount. In view of the aforesaid submission, this application
Patna High Court CR. MISC. No.26362 of 2021(4) dt.28-04-2022 2/3 for anticipatory bail is allowed.
Accordingly, let petitioner, above-named, in the event of his arrest or surrender within four weeks from today, be released on interim bail for a period of one year on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (Electricity), Magadh Area, Gaya in connection with Wazirganj P.S. Case No.290 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. At the time of surrender, the petitioner will deposit 25% of total amount of Rs.2,82,475/- by way of bank draft in the name of the South Bihar Power Distribution Company Limited which will be handed over to the Power Distribution Company. Thereafter in six equal installments, the petitioner will pay the balance amount. The entire balance amount shall be paid within one year. If the petitioner surrenders and prays for interim bail, he shall be granted interim bail for a period of one year and after payment of the entire amount, the interim bail of the petitioner shall be confirmed.
It is also desirable that the Power Distribution Company may, after getting the entire amount, take instructions for withdrawal of the prosecution against the petitioner.
Patna High Court CR. MISC. No.26362 of 2021(4) dt.28-04-2022 3/3 With the aforesaid observation and direction, this application is allowed.
(Sandeep Kumar, J) BT/- U T