Madan Mahto v. State Of Bihar And ANR
Patna High Court Cr.Misc. No.44285 of 2016 (2) dt.22-10-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44285 of 2016 Arising Out of PS.Case No. -290 Year- 2015 Thana -RAJAULI District- NAWADA ====================================================== Madan Mahto, S/O Chandeshwar Prasad, resident of Village/ MohallaGariba P.S.- Rajauli, District- Nawada. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. The South Bihar Power Distribution Companu Limited Through Managing Director, Bihar, Patna.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Krishna Deo Raj, Advocate For the Opposite Party/s : Mr. Sri Mustaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 22-10-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Rajauli P.S. Case No. 290 of 2015 registered under Section 135 of the Indian Electricity Act.
The prosecution case is that after disconnection of electric connection of Chandeshwar Prasad, father of the petitioner, petitioner was consuming electricity energy by putting Toka in L.T. line and caused loss to the tune of Rs.2,78,903/-. Learned counsel for the petitioner submits that it would appear from the F.I.R. that electric connection was in the name of his father in Tube well for irrigation purpose but the
Patna High Court Cr.Misc. No.44285 of 2016 (2) dt.22-10-2016 petitioner has falsely been implicated in this case due to ulterior motive. It is further submitted that similarly situated co-accused, namely, Ramchandra Prasad and Ram Bilash Prasad, have already been granted privilege of anticipatory bail by a Bench of this Court vide order dated 04.07.2016 passed in Criminal Misc. No. 27113 of 2016.
Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Special Judge (Electricity) Magadh Area, Gaya, in connection with Rajauli P.S. Case No. 290 of 2015, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) Bhardwaj/- U T