Ajay Kr. Yadav v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32138 of 2016 Arising Out of PS.Case No. -246 Year- 2016 Thana -KATIHAR District- KATIHAR ====================================================== Ajay Kr. Yadav S/o Ashok Kr. yadav R/o Ram Nagar, D.S. Collge P.s Katihar town, District Katihar.
.... .... Petitioner
Versus
1. The State of Bihar
2. Shailesh Kumar, S.D.O. electricity Supply Sub Division Katihar. .... .... Opposite Parties ====================================================== Appearance :
For the Petitioner : Mr. Sanjeev Kumar Singh For the Opposite Party : Mr. Sri Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 26-08-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
This application, for grant of anticipatory bail, arises out of Katihar Town Police Station Case No. 246 of 2016, disclosing offences under Sections 135 of the Electricity Act. Learned Counsel appearing on behalf of the petitioner has submitted that the petitioner has wrongly been implicated on the allegation of theft of electricity, since, according to him, the electricity connection is in the name of the petitioner's brother namely Dipak Kumar Yadav. He has submitted that since the connection is in the name of Dipak Kumar Yadav, he ought to have been made accused and prosecuted.
In response to a query made by this Court, learned
Patna High Court Cr.Misc. No.32138 of 2016 (2) dt.26-08-2016 2/2 counsel for the petitioner has submitted that there is no electricity connection in the name of the petitioner.
Considering the nature of the offence, alleged against the petitioner, I am not inclined to grant him anticipatory bail. Accordingly, this application for anticipatory bail is, hereby, rejected.
The petitioner is directed to surrender before the court below within four weeks and seeks regular bail, if so advised, if he does so, his application for regular bail shall be considered on its own merit without being prejudiced by rejection of present application for grant of anticipatory bail. (Chakradhari Sharan Singh, J.) Amit/- U T