Nimit Akhouri @ Pankaj Sinha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24442 of 2024 Arising Out of PS. Case No.-253 Year-2023 Thana- BUXAR INDUSTRIAL District- Buxar ====================================================== Nimit Akhouri @ Pankaj Sinha S/o Late Jaideo Narayan Sinha Resident of Ms gajendra Hume Pipe Four Lane Near Ps Buxar Industrial Distt Buxar ... ... Petitioner/s
Versus
1 . The State of Bihar
2. The Electricity Department, Government of Bihar, Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mohit Shriwastava, Advocate For the Opposite Party/s :
Mr. Ajit Kumar , APP For OP 2 :
Mr. Ajay Kumar Gautam , Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-05-2024 Heard learned counsel for the parties.
2. Petitioner apprehends arrest in a case registered for the offence punishable under Section 135 of the Electricity Act.
3. It is a case of electricity theft.
4. After some argument, by referring paragraph 11 of the bail petition , learned counsel for the petitioner submits that he is ready deposit the revised penalty amount of Rs. 1,19,064/- in installments to Opposite party No. 2.
5. Considering the aforesaid contention made on behalf of the petitioner, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond
Patna High Court CR. MISC. No.24442 of 2024(3) dt.15-05-2024 2/2 of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate , Buxar Industrial in connection with Buxar Industrial P. S. Case No. 253 of 2023 , subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure with direction to the petitioner that :- (i) Petitioner shall refund Rs. 50,000 (Rs.
Fifty thousand ) through Demand Draft to the Opposite Party No. 2 ( The Electricity Department, Government of Bihar, Patna) at the time of furnishing bail-bond, after filing receipt of the same, then petitioner shall be enlarged on bail, and thereafter, rest amount i.e., 69,064 (Rs. Sixty Nine thousand Sixty Four ) shall be deposited in three installments within one year through Demand Draft to the Opposite Party No. 2, failing which, the learned court below would be at liberty to cancel the bail-bond.
6. It is made clear that without going into the merit of the case, this order has been passed only for the purpose of bail. (Prabhat Kumar Singh, J) Koushik/AnkitU T