Kishori Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28878 of 2023 Arising Out of PS. Case No.-337 Year-2022 Thana- ROSHANGANJ District- Gaya ====================================================== KISHORI PRASAD Son of Manu Mahto Resident of Village - Taradih, P.S.- Raushanganj, District - Gaya.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The South Bihar Power Distribution Company Ltd. through its managing Director, Vidyut Bhawan, Baily Road, Patna.

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

For the Petitioner/s :

Mr.Tej Narayan Singh For the Opposite Party/s :

Mr.Jharkhandi Upadhyay Mr.Shrikant Sharan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-07-2023 Heard learned counsel for the parties.

2. The petitioner apprehends his arrest in a case registered for the offence under Sections 341, 323, 353, 379 of the Indian Penal Code and Section 135 of the Bihar Electricity Act.

3. It is a case of electricity theft.

4. Petitioner is ready to refund the entire alleged amount of Rs. 1,63,338 (one lac sixty three thousand three hundred thirty eight only) to opposite party no. 2/South Bihar Power Distribution Co. Ltd.

5. Considering the same, in the event of arrest/surrender within a period of six weeks from today, let the

Patna High Court CR. MISC. No.28878 of 2023(3) dt.21-07-2023 2/2 above named petitioner be enlarged on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (Electricity) Magadh, Gaya in connection with Raushanganj P.S. Case No. 337 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure, with further condition that at the time of furnishing bail-bond, the petitioner shall deposit the bank draft of Rs. 1,63,338 (one lac sixty three thousand three hundred thirty eight only) to opposite party no. 2/South Bihar Power Distribution Co. Ltd. (Prabhat Kumar Singh, J) anay/- U T