Patna High CourtCR. MISC./6121/2018disposed

Ramanand Prasad v. State Of Bihar And ANR

2018-02-06Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6121 of 2018 Arising Out of PS.Case No. -558 Year- 2017 Thana -BARBIGHA District- SEKHPURA ====================================================== Ramanand Prasad, Son of Late Sakaldeo Yadav, Resident of villageKoribigha, P.S.- Barbigha, District- Sheikhpura. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Bihar Electricity Board, Bihar Patna, now South Bihar Power Distribution Company Ltd.

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

For the Petitioner/s : Mr. Chandra Mohan Singh, Adv. For the State : Mr. M.K. Nirala, APP For the O.P. No. 2 : Mr. Shrekant Sharan Singh, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 06-02-2018 Heard learned counsel for the petitioner and learned counsel for the State as well as learned counsel appearing on behalf of the Bihar Electricity Board.

In this case, the petitioner is apprehending his arrest in connection with Barbigha P.S. Case No. 558 of 2017 registered for the offences under Section 135 of the Bihar Electricity Act. The allegation has been made that the petitioner was utilizing the power directly through hook, caused a loss of Rs. 68,234/- to the Electricity Department.

Learned counsel for the petitioner submits that apart from recovery of only 10 Ft. wire, there is no recovery of any electrical gadget and as such the entire allegation is wrong, as the

Patna High Court Cr.Misc. No.6121 of 2018 (2) dt.06-02-2018 2/2 raiding party was found that the petitioner was using the power directly.

Learned counsel for the petitioner submits that he has falsely been implicated in this case. However, the petitioner is ready to deposit 25% of the amount of Rs. 68,234/-, subject to result of the case.

Considering the submission as above, if the petitioner, above named, deposits 25% of the amount in question, in the event of his arrest or surrender before the court below, within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheikhpura, in connection with Barbigha P.S. Case No. 558 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Shivaji Pandey, J) Praveen-II/- U T