Patna High CourtCR. MISC./12883/2018disposed

Parmanand Singh v. State Of Bihar And ANR

2018-04-05Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12883 of 2018 Arising Out of PS.Case No. -447 Year- 2017 Thana -SHEKHPURA District- SEKHPURA ====================================================== Parmanand Singh, Son of Tanik Singh, Resident of Village- Jaimangla, Police Station- Sirari, District- Sheikhpura. .... .... Petitioner

Versus

1. The State of Bihar.

2. The Bihar State Power Holding Company Ltd through its Chairman, Vidyut Bhawan, Bailey Road, Patna.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Bipin Kumar For the Opposite Party/s : Mr. Mritunjay Kumar Nirala For BSPHCL : Mr. Sanjay Kr. Giri ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-04-2018 Heard learned counsel for the petitioner.

Petitioner apprehends his arrest in connection with Sheikhpura P.S.Case No. 447 of 2017 registered for the offences punishable under Section 379 of the Indian Penal Code and Sections 135, 138 of Indian Electricity Act.

Allegation against the petitioner is of committing theft of electric energy and causing loss to the tune of Rs.85,238/-. Submission of learned counsel for the petitioner is that his mill was closed for the period in question and in spite of that the present case has been lodged. Learned counsel for the petitioner, after some argument, agreed to deposit the amount in instalment.

Patna High Court Cr.Misc. No.12883 of 2018 (2) dt.05-04-2018 2/2 Heard learned counsel for the SBPDCL.

Having heard both sides and in view of submission, this application is disposed of with a direction to the petitioner to deposit 1/3rd of the said amount within a period of one month by way of Bank Draft before the court below payable to SBPDCL and in that event the court below will release him on provisional bail and petitioner will continue to pay the rest amount in two equal instalments in every first week of following two months and in default in payment of any instalment his bail bond shall be cancelled. It is made clear that once the total amount is deposited, the learned court below will confirm the bail bond of the petitioner and the said payment will be subject to result of the case. (Vinod Kumar Sinha, J) spal/- U