Patna High CourtCR. MISC./55267/2017bail granted

Om Prakash Singh v. State Of Bihar And ANR

2017-11-16Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55267 of 2017 Arising Out of PS. Case No.-220 Year-2014 Thana- PARSABAZAR District- Patna ====================================================== Om Prakash Singh , son of Sri Mahendra Prasad Singh, resident of Behind Mahuli Petrol Pump, Audyogik Parisar, Rice Mill, P.S. Parsa Bazar, District Patna ... ... Petitioner/s

Versus

1. The State Of Bihar

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

For the Petitioner/s :

Sri Raj Nandan Prasad For the Opposite Party/s :

A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 16-11-2017 Heard Sri Raj Nandan Prasad, learned counsel for the petitioner and learned Additional Public Prosecutor. The sole petitioner, who is in custody since 28.07.2017 as stated in paragraph no. 10 of the petition in connection with Special Case No. 1145 of 2017 [ arising out of Parsa Bazar P.S. Case No. 220 of 2014, G.R. No. 8181 of 2014] registered for the offence under Section 135 of the Indian Electricity Act, 2003, has prayed for grant of bail.

It was argued by learned counsel for the petitioner that though petitioner has got no connection with the alleged rice mill in question and actual owner is elder brother of the petitioner, the petitioner has been arrayed as accused in the present case. He submits that had the petitioner been the owner

Patna High Court Cr.Misc. No.55267 of 2017(2) dt.16-11-2017 2/2 of the rice mill, he would have preferred to deposit the amount and compounded the offence, but since he is not having any connection, there is no reason for depositing the amount. He further submits that petitioner has already remained in custody sufficiently for offence under section 135 of the Indian Electricity Act, 2003.

Considering the nature of accusation, clean antecedent of the petitioner, which fact has been stated in paragraph no. 3 of the petition as a well as period of custody, let the petitioner Om Prakash Singh be enlarged on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand ) with two sureties of the like amount each to the satisfaction of learned Special Judge, P.E.S.U. Area, Patna, District - Patna / concerned court in connection with Special Case No. 1145 of 2017 [ arising out of Parsa Bazar P.S. Case No. 220 of 2014 , G.R. No. 8181 of 2014].

(Rakesh Kumar, J) praful/- U T