Virendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32930 of 2021 Arising Out of PS. Case No.-297 Year-2020 Thana- KHIJARSARAI District- Gaya ====================================================== 1.

VIRENDRA SINGH S/o- SURYADEO SINGH R/o Village- Tetarpur, P.S.- Khijarsarai, District- GHaya.

2.

VIMLESH SINGH S/o- RAJENDRA SINGH R/o Village- Tetarpur, P.S.- Khijarsarai, District- Gaya.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Patanjali Rishi For the Opposite Party/s :

Mr.Anand Mohan Prasad Mehta Mr.Ajay Kumar Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-02-2022 Heard the parties through virtual Court proceedings. Learned counsel for the petitioners undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioners apprehends their arrest in a case in connection with Khijarsarai P.S. Case No.297 of 2020, registered for the offence punishable under Sections 135 of the Electricity Act, 2003.

The allegation against the petitioners is that in course of investigation they were found running flour mills using electric motor illegally. The amount of electricity stolen was quantified

Patna High Court CR. MISC. No.32930 of 2021(3) dt.08-02-2022 2/3 at Rs.2,73,678/- and 2,73,054/- respectively for both the petitioners.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. Petitioners have no criminal antecedent and they are agreed to deposit Rs.2,50,000/- each in installments in the learned Court below.

Having regard to the facts and circumstances of the case, since the petitioners are agreeing to deposit the misappropriated amount, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Khijarsarai P.S. Case No.297 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

However, petitioners are directed to deposit the first installment of Rs.50,000/- (Rupees Fifty Thousand) each in the

Patna High Court CR. MISC. No.32930 of 2021(3) dt.08-02-2022 3/3 Nazarat of the Civil court, Gaya before furnishing the bail bond. The bail bonds of the petitioners shall be accepted by the Court below after showing the receipt of deposit of Rs.50,000/- (Rupees Fifty Thousand) each in the Nazarat.

The petitioners are directed to deposit the rest amount in installments within a period of one year from today and in the event of failure to deposit the rest amount in the said period, the Court below shall cancel the bail bonds of the petitioners. All the payment is subject to the final outcome of the criminal case.

(Anjani Kumar Sharan, J) pallavi/- U T