Patna High CourtCR. MISC./41335/2015disposed

Sambhu Mandal @ Shambhu Mandal v. State Of Bihar And ANR

2015-10-16Mr. Justice Dinesh Kumar Singh2 pages

Patna High Court Cr.Misc. No.41335 of 2015 (3) dt.16-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41335 of 2015 Arising Out of PS.Case No. -54 Year- 2015 Thana -ARIYARI District- SEKHPURA ======================================================

1. Sambhu Mandal @ Shambhu Mandal, Son of Late Batoran Mandal, Resident of Village, Mahuli, P.S. Ariari, Dist. Sheikhpura. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. South Bihar, Power Distribution Company Limited through its Managing Director .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sudhir Kumar Upadhyay For the Opposite Party/s : Mr. Indu Bala Pandey (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-10-2015 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Section 379 of the Indian Penal Code and section 135 of The Electricity (Amendment) Act, 2007.

The accusation is of consumption of electric energy unauthorizedly for running flour mill and the loss has been calculated to the tune of Rs.3,29,231/-.

It is submitted by learned counsel for the petitioner that the petitioner and his brother Shyam Sundar Mandal reside in the premises in question and the raid was laid in the portion of the

Patna High Court Cr.Misc. No.41335 of 2015 (3) dt.16-10-2015 house which falls in the share of his brother. It is further submitted that no motor and other articles were seized to support the accusation of consumption of electric energy unauthorizedly. The petitioner is a person below poverty line and is unable to deposit the calculated loss amount.

Let the learned court below consider the prayer for regular bail of the petitioner in case the petitioner surrenders within six weeks from today in connection with Ariari P.S. Case No. 54 of 2015 pending in the court of learned SDJM, Sheikhpura. This application is disposed of with the aforesaid observation/direction.

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