Ramayan Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54516 of 2015 Arising Out of PS.Case No. -132 Year- 2015 Thana -NAWANGAR District- BUXAR ====================================================== Ramayan Singh S/o Late Maharaj Singh, .... .... Petitioner/s

Versus

1. The State of Bihar

2. Saurabh Kumar, Assistant Electricity Engineer, Electricity Supply SubDivision, Dumraon, District- Buxar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rakesh Singh, Advocate For the Opposite Party/s : Mr. Upendra Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-12-2015 Heard learned counsels for the petitioner and the South Bihar Power Distribution Company Limited.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 135 and 136 of the Electricity Act.

It is alleged that due to arrear of electricity charges to the tune of Rs.2,39,110/- the electric connection of the petitioner was disconnected. Subsequently, the petitioner consumed the electricity energy unauthorisedly causing loss to the tune of Rs.44,448/-.

It is submitted by learned counsel for the petitioner that accusation of consuming electricity energy gets clouded with the statement of the Junior Engineer before the learned Court below to

Patna High Court Cr.Misc. No.54516 of 2015 (2) dt.02-12-2015 2/2 the effect that after disconnection of electric connection of the petitioner new connection was given to him.

The aforesaid fact has not been controverted by the learned counsel representing the South Bihar Power Distribution Company.

Learned counsel for the petitioner further submits that the petitioner is paying the arrears of energy and undertakes to pay the arrears, if any, remains due. A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.

Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Buxar in connection with Nawanagar P.S. Case No.132 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T