Patna High CourtCR. MISC./34623/2016dismissed

Ashok Singh And ANR v. State Of Bihar And ANR

2016-09-08Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34623 of 2016 Arising Out of PS.Case No. -21 Year- 2016 Thana -GOVINDPUR District- NAWADA ======================================================

1. Ashok Singh s/o Rajendra Singh

2. Karu Singh s/o late Bhagirath Singh Both residents of village- Alakhdiha, Police Station-Govindpur District- Nawadah, Bihar.

.... .... Petitioners

Versus

1. The State of Bihar.

2. Assistant Electric Engineer Electric Supply Division, Rajuli through South Bihar Power Distribution Company Ltd., Nawada .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Arvind Kumar For the Opposite Party/s : Mr. A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 08-09-2016 Heard Sri Arvind Kumar, learned counsel for the petitioners, learned Addl. Public Prosecutor and Sri Nikesh Kumar, learned counsel, who has appeared on behalf of Opp.Party no.2/ South Bihar Power Distribution Company Ltd. Two petitioners, apprehending their arrest in Govindpur P.S. Case No.21/2016 registered for the offence under Section 379 of the Indian Penal Code and Section 135 of the Electricity Act, 2003, have prayed for grant of bail, in the event of their arrest or surrender.

It was submitted by learned counsel for the petitioners that it can hardly be a case for using of electricity for

Patna High Court Cr.Misc. No.34623 of 2016 (2) dt.08-09-2016 2/2 about 20 days , whereas it has been charged that both the petitioners have separately put the South Bihar Power Distribution Company Ltd. to loss to the tune of Rs.2,32, 443/- However, it has not been disputed regarding the allegation that they were consuming electricity energy and they were running flour mills by using Toka.

In view of nature of accusation, I do not find any ground to extend the privilege of anticipatory bail to the petitioners. The petition stands dismissed.

(Rakesh Kumar, J) NKS/- U T