Sudhir Kumar Chaudhary v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42094 of 2017 Arising Out of PS.Case No. -89 Year- 2017 Thana -BACHWARA District- BEGUSARAI ======================================================
1. Sudhir Kumar Chaudhary, son of late Yoginder Goginder Chaudhary, resident of village-Rasidpur, Konher, P.S. Bachhawara, DistrictBegusarai. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. North Bihar Power Distribution Company Ltd, Patna. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arun Kumar, Advocate For the Opposite Party/s : Dr. Mrityunjaya Kr. Gautam, APP Mr. Padma Deo Narayan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 12-10-2017 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner apprehends his arrest in Bachhawara P.S. Case No.89 of 2017 instituted for the offence under Section(s) 135 of the Indian Electricity Act.
It is alleged in the First Information Report that during raid committed by the Informant, it was found that petitioner was committing theft of electricity by connecting the premises from main LT Line passing through mobile tower by means of PVC wire.
Counsel for the petitioner has submitted that the petitioner is Care Taker of the tower of M/s Bharti Airtel and getting salary of Rs.4100/-. It is further submitted that for
Patna High Court Cr.Misc. No.42094 of 2017 (3) dt.12-10-2017 2/3 running mobile tower, three phase line is essential, whereas, it is mentioned in the First Information Report itself that only one phase line was passing through the main line and in that event running of mobile tower from one phase line can never be possible. Counsel for the petitioner has further submitted that the police has found in para 22 and 23 of the case diary that solar plant was established within the area of mobile tower. In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Bachhawara P.S. Case No.
89 of 2017, he shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Begusarai, subject to the conditions as laid down under Section 438(2) Cr. P. C.
Patna High Court Cr.Misc. No.42094 of 2017 (3) dt.12-10-2017 3/3 the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) JA/- U T