Motilal Pandit @ Brahama Nand Prajapati v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31243 of 2015 Arising Out of PS.Case No. -21 Year- 2015 Thana -CHIRAIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Motilal Pandit @ Brahama Nand Prajapati S/o Mathura Pandit @ Mathura Prajapati Resident of Village Belhi, P.S. Chiraiya, District East Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Bihar State Electricity Board, Patna.

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

For the Petitioner/s : Mr. Ajay Kumar Singh For the Opposite Party/s : Mr. Smt.Pushpa Sinha - 2 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-08-2015 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Section 135(1)(a) of The Electricity (Amendment) Act, 2007.

The accusation is of consumption of electric energy unauthorizedly and the loss has been calculated to the tune of Rs.1,22,082/-.

It is submitted by learned counsel for the petitioner that only on suspicion the accusation has been levelled and except five meters of wire, nothing

Patna High Court Cr.Misc. No.31243 of 2015 (2) dt.03-08-2015 2/3 has been seized to suggest that any commercial consumption was being made by the petitioner. Learned counsel for the North Bihar Power Distribution Company Ltd. does not dispute the above contention of learned counsel for the petitioner.

However, the petitioner undertakes to deposit 20% of the alleged calculated loss amount within three months before the North Bihar Power Distribution Company Limited.

Considering the aforesaid undertaking, let the above named petitioner be released on provisional anticipatory bail for four months in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned JM Ist Class, Sikrahana at Motihari, East Champaran in connection with Chiraiya P.S. Case No. 21 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.

The provisional bail will be confirmed by the learned court below only on the petitioner showing receipt of deposit of 20% of the alleged calculated loss

Patna High Court Cr.Misc. No.31243 of 2015 (2) dt.03-08-2015 3/3 amount within three months.

The said deposit will be subject to the final assessment or compounding proceeding.

(Dinesh Kumar Singh, J) Anil/- U T