Ajay Yadav @ Ajay Kumar Yadav v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16960 of 2017 Arising Out of PS.Case No. -186 Year- 2015 Thana -BARBIGHA District- SEKHPURA ======================================================
1. Ajay Yadav @ Ajay Kumar Yadav Son of Anandi Yadav Resident of Village - Dullapur, P.S. - Sheikhpura, District - Sheikhpura. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Abhishek Raj, Assistant Electrical Engineer, Electric Supply SubDivision Barbigha, District - Sheikhpura. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar For the State : Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 15-05-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Barbigha P.S. Case No. 186 of 2015 instituted for the offence under Section-135 of the Electricity Act.
As per written report, M/S Bharti Infrastructure Ltd. Malda was running the electricity in the premises although the electric line was already disconnected and caused total loss of Rs. 7,08,361/- to the Electricity Department.
The petitioner is not named in the written report. It has been submitted that he was a night guard in the aforesaid premises. He has no concern with the electricity connection. The theft was committed by the consumer of M/S Bharti Infrastructure
Patna High Court Cr.Misc. No.16960 of 2017 (2) dt.15-05-2017 2/2 Ltd. Malda. In paragraph-3, it has been mentioned that petitioner has no criminal antecedent.
In such circumstances, prayer for anticipatory bail is allowed it is ordered that the petitioner named above, in the event of his arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Barbigha P.S. Case No. 186 of 2015 to the satisfaction of learned Additional Chief Judicial Magistrate-II, Sheikhpura subject to condition as laid down u/S 438(2) of the Cr.P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned,
(2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bond of the petitioners and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(Sanjay Priya, J) A.K.V./- U T