Shambhoo Sah v. The Bihar State Power Holding Company Limited

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47847 of 2015 Arising Out of PS.Case No. -477 Year- 2014 Thana -MADHUBANI TOWN DistrictMADHUBANI ====================================================== Shambhoo Sah Son of Bhola Sah Resident of Mahila College Road, Near Saibek Garments, P.S. - Madhubani, District - Madhubani. .... .... Petitioner

Versus

The Bihar State Power (holding) Company Limited. .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Ravindra Kumar Singh, Advocate.

For the Opposite Party : Mr. Padma Deo Narayna, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 14-12-2015 Heard both sides.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 135 of the Indian Electricity Act.

The business premises of the petitioner was raided on secret information and it was found that the petitioner was consuming electrical energy of 4 kw, whereas the petitioner was not authorized to consume such energy. The petitioner by committing theft of electrical energy caused loss of Rs. 3,96,792/-. Learned counsel for the petitioners submits that no PVC wire etc. were recovered from the place of occurrence. The seizure list does not contain the seizure of PVC wire. A counter affidavit has been filed showing that PVC wire was seized. The entire raid

Patna High Court Cr.Misc. No.47847 of 2015 (7) dt.14-12-2015 2/2 was videographed and the petitioner was found committing theft of 4 kw electrical energy after manipulating the meter. Considering the facts aforesaid and nature of allegation made against the petitioner, I am not inclined to enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) KKSINHA/- U T