Indar Mahto v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37806 of 2017 Arising Out of PS.Case No. -369 Year- 2016 Thana -BELAGANJ District- GAYA ====================================================== Indar Mahto, Son of Late Chandan Mahto, R/o Village- Bhalua, P.S.- Balaganj, District- Gaya.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Executive Engineer, South Bihar Power Distribution Comp. Ltd. Gaya Zone.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shivendra Prasad For the Opposite Party/s : Mr. Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 16-08-2017 Heard learned counsels for the petitioner and the State.

The petitioner apprehends his arrest in connection with Belaganj P. S. Case No. 369 of 2016 instituted under Sections 379 of the Indian Penal Code and Section 135 of the Electricity Act.

The allegation, in brief, is that petitioner was using a 5HP motor for running a flour mill by putting a hook on the transmission line and committed electrical theft causing loss to the tune of Rs. 2,48,321/- of the Company.

Learned counsel for the petitioner submits that this case is lodged after two days delay without any explanation and no PVC wire has been seized.

Patna High Court Cr.Misc. No.37806 of 2017 (2) dt.16-08-2017 2/2 Whereas learned counsel for the State submits that seizure list shows that due to objection of the petitioner, PVC wire could not be seized and he was found running a flour mill, without any valid connection, by taking electrical line direct from transmission line.

Having considered the aforesaid facts and circumstances, it is not a case of anticipatory bail. Accordingly, the prayer for anticipatory bail of the petitioner is rejected. However, if the petitioner surrenders in the court below and seeks regular bail, the same shall be considered on its own merit without being prejudiced by this order. (Arun Kumar, J) Sujit/- U