Ranjeet Saw @ Sri Ranjeet Saw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29245 of 2021 Arising Out of PS. Case No.-38 Year-2021 Thana- LAKHISARAI District- Lakhisarai ====================================================== Ranjeet Saw @ Sri Ranjeet Saw Son of Anandi Saw R/o Village- Lali Pahari, Naya Bazar, P.S.- Kabaiya, District- Lakhisarai. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The South Bihar Power Distribution Company Ltd. Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rabi Bhushan For the Opposite Party/s :

Mr. Arun Kumar Mr. Ajay Kumar Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-01-2022 Heard learned counsel for the parties through virtual court proceedings.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of normal court proceedings. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner apprehends his arrest in Lakhisarai (Kabaiya) P.S. Case No.38 of 2021, registered for the offence punishable under Section 135 of the Electricity Act. The petitioner is said to have committed the theft of the electricity.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.29245 of 2021(3) dt.18-01-2022 2/3 petitioner is innocent and has falsely been implicated in the present case. The allegation against the petitioner is that he was running an industry with illegal/by-pass connection as a result of which the South Bihar Power Distribution Company Limited suffered a loss of Rs.8,84,905/-. It is submitted that the petitioner filed representation before the Assistant Electric Engineer, Electric Supply Division, Lakhisarai and after consideration of the representation filed by the petitioner, the concerned authority has reduced the amount to Rs.4,30,988/-. It is submitted that the petitioner is ready to deposit half of Rs.4,30,988/- to the Board, i.e., Rs.2,15,500/- and rest amount shall be paid after one month from the date of deposit of the first installment.

Taking into consideration the facts aforesaid, let petitioner, above named, in the event of their arrest or surrender before the learned court below within six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai in connection with Lakhisarai (Kabaiya) P.S. Case No.38 of 2021, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

Patna High Court CR. MISC. No.29245 of 2021(3) dt.18-01-2022 3/3 The petitioner is directed to deposit Rs.2,15,500/- to the Board at the time of furnishing bail bond and thereafter the rest amount shall be paid after one month from the date of deposit of the first installment.

If the petitioner fails to deposit the aforesaid amount as per the direction aforesaid, the learned court below would be at liberty to cancel the bail bond of the petitioner. It is made clear that the amount of fine deposited by the petitioner shall be outcome of the criminal case. (Anjani Kumar Sharan, J.) Sanjay/- U T