Satya Narayan Seth v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43807 of 2018 Arising out of P.S. Case No.-79 Year-2018 Thana- KISHUNPUR, District- Supaul ====================================================== Satya Narayan Seth, Son of late Ganpat Seth, Resident of Village Mehasimar, P.S. Kishanpur District- Supaul.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Assistant Electrical Engineer, Supaul, N.B.P.H. Company Ltd. Bihar, Supaul. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Mishra, Advocate For the Opp. Party no.2 :

Mr. Shrekant Sharan Singh, Advocate For the State :

Mr. Vinod Shankar Modi, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in connection with Kishanpur P.S. Case No. 79 of 2018, registered for the offence punishable under Section 135 of Indian Electricity Act. As per F.I.R. the allegation against the petitioner is that the electricity bill of Rs. 32,613/- was due to him and due to that the connection of electricity was cut and thereafter, he was using 10 HP electric energy through putting hook in the main L.T. line, causing loss of Rs. 4, 53, 502/- to the electricity department.

Patna High Court Cr.Misc. No.43807 of 2018(2) dt.24-07-2018 2/3 Submission of the learned counsel for the petitioner is that the petitioner has falsely been implicated in this case and as per F.I.R, the informant was given a false statement that electricity was disconnected on 29.03.2017 but the petitioner was deposited the electric bill on 30.08.2017 amount of Rs.13,500/- and the petitioner has clean antecedent. It is also submitted by the learned counsel for the petitioner that the petitioner is ready to pay the amount, if some reasonable time is granted to the petitioner.

Heard learned APP as well as learned counsel for the informant opposes the prayer for bail.

Having heard both sides and in view of the facts and circumstances, as discussed above, this application is disposed of with a direction to the petitioner to surrender within six weeks before the court below with a bank draft of Rs.86,115/- payable in favour of N.B.P.H, Company Ltd., Supaul, he shall be released on provisional bail for a period of eight months to the satisfaction of the court concerned with condition that he has to pay rest of the amount in eight equal installments of Rs.50,000/- payable in the first week of each month and once the total amount is paid within the prescribed period, the bail bonds of petitioner shall be confirmed and that will be subject to

Patna High Court Cr.Misc. No.43807 of 2018(2) dt.24-07-2018 3/3 the result of the case.

This application is accordingly disposed of.

(Vinod Kumar Sinha, J) sudha/-sunil U T