Gorakh Sah @ Gorakh Shah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24633 of 2023 Arising Out of PS. Case No.-224 Year-2021 Thana- BIKRAMGANJ District- Rohtas ====================================================== GORAKH SAH @ GORAKH SHAH son of Late Ram Surat Sah VillageDharupur Ps- Bikramganj Dist- Rohtas ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The South Bihar Power Distribution Company Limited Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shivendra Prasad For the Opposite Party/s :

Mr. Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 135 of the Bihar Electricity Act, 2003.

The allegation against the petitioner is that he committed theft of electricity which caused loss of Rs. 6,34,824/- to the South Bihar Power Distribution Company Limited. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Learned counsel for the petitioner submits that the petitioner is ready to deposit 25% of the loss amount to the Department of South Bihar Power Distribution Company Limited. Petitioner has no criminal antecedent as

Patna High Court CR. MISC. No.24633 of 2023(2) dt.07-07-2023 2/2 mentioned in para-3 of this application.

Learned APP for the State opposes prayer for anticipatory bail.

Considering the facts and circumstances of the case and the statement made by learned counsel for the petitioner, 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 Bikramganj P.S. Case No. 224 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. The petitioner is directed to deposit the said amount i.e. 25% of Rs. 6,34,824/- within a period of six weeks. However, the bail bond of the petitioner shall be accepted by the learned Court below after verifying the fact that the petitioner has deposited the said amount i.e. 25% of Rs. 6,34,824/- to the Department of the South Bihar Power Distribution Company Limited.

(Anjani Kumar Sharan, J) anand/- U T