Shashi Kant Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40970 of 2014 Arising Out of PS.Case No. -72 Year- 2013 Thana -TIYAR District- BHOJPUR ====================================================== Shashi Kant Singh Son of Late Wakil Singh, resident of Shiv Balak Tola, P.S.- Tiyar, District- Bhojpur .... .... Petitioner

Versus

1. The State of Bihar

2. The South Bihar Power Distribution Company Ltd., through its Managing Director, Vidyut Bhawan, Baily Road, Patna .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Prabhu Narayan Sharma, Advocate.

For the Opposite Parties : Mr. R.B.S. Pahepuri (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-07-2015 Heard both sides.

The petitioner apprehends his arrest in Tiyar P.S. Case No. 72 of 2013, registered for the offences punishable under Section 135 of the Electricity Act.

Allegation against the petitioner is that the petitioner was a consumer of the electricity board vide Consumer No. BN2225, 5HP, but an arrear of Rs. 74,913/- was lying due against him, that is why the electric connection was disconnected. It is alleged that the petitioner illegally connected electric line and thereby has committed theft of electrical energy causing loss of Rs. 9600/-.

It is submitted that the petitioner has got no connection.

Patna High Court Cr.Misc. No.40970 of 2014 (3) dt.06-07-2015 2/2 The petitioner is having house under the Indira Awas Yojna scheme, but he is ready to pay Rs. 9600/-, the amount which is said to have been theft.

Considering the facts aforesaid and the fact that if the petitioner deposits the aforesaid amount of Rs. 9600/- within one month, the petitioner above named, in the event of his arrest or surrender before the court below within a period of one month from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur, Ara in Tiyar P.S. Case No. 72 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. The deposited amount shall be withdrawn after result of the case. (Prabhat Kumar Jha, J.) KKSINHA/- U T