Praveen Kumar Sinha v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23354 of 2016 Arising Out of PS.Case No. -79 Year- 2016 Thana -NAWADA District- NAWADA ====================================================== Praveen Kumar Sinha Son of Late Rajendar Prasad .... .... Petitioner/s

Versus

1. The State of Bihar

2. Bihar State Power Holding Company Ltd., Patna .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Gopal Bohra, Advocate For the Opposite Party/s : Mr. Dilip Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-05-2016 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 420/379 of the Indian Penal Code.

Prosecution case is that the petitioner entered into an agreement with Electric Supply Sub-Division, Nawada (East) for taking of electric meters' reading and supplying energy consumption bills to the consumers. But, in January, 2016, the verification was done by the Junior Electric Engineer, Electric Supply, when it was found that the meters' reading recorded by the petitioner were at variance with the actual meter reading and with

Patna High Court Cr.Misc. No.23354 of 2016 (2) dt.24-05-2016 2/3 regard to some of the consumers the meter reading was not taken. It is submitted by learned counsel for the petitioner that the petitioner entered into the agreement to record the meter reading and supplying electricity energy bills to the consumers for the period December, 2014 to December, 2015. Though, admittedly, the enquiry was made by the Junior Engineer for January, 2016 which is after expiry of the agreement between the parties. Moreover, the FIR does not reflect the period of variance of meter reading as well the period in which the meter reading was not recorded. A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.

Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail, 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 CJM, Nawada, in connection with Nawada Town P.S. Case No.79/2016, subject to the conditions as laid down under Section 438(2) Cr.P.C.

The bail bond of the petitioner will be accepted on filing of the affidavit by the petitioner before the learned court

Patna High Court Cr.Misc. No.23354 of 2016 (2) dt.24-05-2016 3/3 below to the effect that he will regularly co-operate in the investigation. Non-cooperation in the investigation by the petitioner will give liberty to the learned court below to cancel the bail bonds of the petitioner.

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