Sunil Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27676 of 2016 Arising Out of PS.Case No. -123 Year- 2016 Thana -CHANDAULI District- GAYA ======================================================

1. Sunil Kumar S/o Chandra Bhushan Prasad resident of village - Kujapi, P.S. Chandauti, District - Gaya .... .... Petitioner/s

Versus

1. The State of Bihar

2. Junior Electric Engineer, Electric Supply Centre, Gaya ( Rural ) .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ravindra Kumar Sinha For the O.P. No. 2 : Mr. Ajay Kumar Gautam For the State : Mr. Sri Abhay Kumar Roy ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 04-08-2016 Heard learned counsel for the petitioner and learned counsel appearing on behalf of South Bihar Power Distribution Company Limited.

The petitioner apprehends his arrest in connection with a case registered for the offences punishable under Sections 135 of the Bihar Electricity Act.

Learned counsel for the petitioner submits that the allegation against the petitioner is that, by-passing the meter, he was taking and consuming electrical energy, thus, causing loss to the Power Distribution Company to the tune of Rs . 1,23,744/-. Learned counsel appearing on behalf of the opposite party No. 2 submits that on inspection, such a fault had been found in the premises of the petitioner inasmuch as the meter had been by-

Patna High Court Cr.Misc. No.27676 of 2016 (2) dt.04-08-2016 P2/2 passed and wire for consuming electricity was not connected to the meter.

Learend counsel for the petitioner has drawn attention to the inspection report which indicates that the meter was found running and meter screen was not working continuously. He thus indicates that the meter may perhaps have been reading falsely and was a faulty meter. He also points out stating that the persons conducting the raid had also found the seal to be intact. Considering the aforementioned submissions and that the petitioner has been regularly paying his electricity bill, let the petitioner, in the event of his arrest / surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Electricity, Magadh Division, Gaya in connection with Chandauti P.S. Case No. 123/2016, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Anjana Mishra, J) Saif/- U T