Dilip Kumar Jha v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.27884 of 2015 (2) dt.23-07-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27884 of 2015 Arising Out of PS.Case No. -231 Year- 2014 Thana -BISFI (PATAUNA) District- MADHUBANI ======================================================

1. Dilip Kumar Jha Son of Kewal Sah @ Kewal Jha Resident of village - Murliyachak, Police Station - Patauna ( Bisfi ), District - Madhubani .... .... Petitioner/s

Versus

1. The State of Bihar

2. The North Bihar Power Distribution Comp. Ltd. Bihar, Patna .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ratanakar Jha For the Opposite Party/s : Mr. Amitesh Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-07-2015 Heard learned counsel for the petitioner and the Electricity Board.

The petitioner is apprehending his arrest in a case instituted under Sections 135 of the Electricity Act. The allegation against the petitioner is that he was involved in theft of electric energy and found illegal connection in the premises from the main LT line by applying hook. The petitioner has caused loss of Rs. 24,966/- to the North Bihar Power Distribution Company limited.

It has been submitted on behalf of the petitioner that a false case has been instituted against the petitioner for the theft of electricity as to when he is a genuine consumer . It is further submitted that the petitioner is ready to deposit an amount of Rs.

Patna High Court Cr.Misc. No.27884 of 2015 (2) dt.23-07-2015 5,000/- before the competent authority.

On behalf of the Electricity Board it is submitted that the petitioner is involved in electricity theft for which he is being prosecuted.

Considering the aforesaid facts, the petitioner is directed to deposit an amount of Rs. 5,000/- before the competent authority and on doing so let the above named petitioner, in the event of his arrest or surrender in the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Subir Kumar, learned Judicial Magistrate, 1st Class, Madhubani in connection with Bisfi (Patauna) P.S.Case No. 231 of 2014, subject to the conditions as laid down u/s 438(2) Cr.P.C.

(Sudhir Singh, J) singh/- U T