Shyam Kishore Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37226 of 2021 Arising Out of PS. Case No.-54 Year-2015 Thana- SILAO District- Nalanda ====================================================== 1.

SHYAM KISHORE SINGH Son of Ramdahin Singh Resident of VillageNepura, P.S.- Silao, District- Nalanda. 2.

Bablu Singh Son of Arjun Singh Resident of Village- Nepura, P.S.- Silao, District- Nalanda.

... ... Petitioners.

Versus

The State of Bihar.

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

For the Petitioners :

Mr. Satya Ranjan Sinha, Advocate For the SBPDC : Mr. Vinay Kirti Singh, Sr. Advocate For the State :

Mr. Murlidhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-02-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State through virtual Court proceedings. Learned counsel for the petitioners undertakes to remove the defects, as pointed out by the office, within four weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 149, 323, 307, 353, 504, 379 & 115 of the Indian Penal Code. The allegation against both the petitioners is that they were found consuming electricity without having meter and

Patna High Court CR. MISC. No.37226 of 2021(4) dt.28-02-2022 2/3 due to this the electricity department has suffered huge loss amounting to Rs.2,63,228/- and Rs.94,207/- in respect of both the petitioners respectively.

It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. The allegation of theft of electricity is totally false and concocted. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. Petitioners have no criminal antecedent.

However, Petitioner no.1 is ready to deposit Rs.30,000.00 (Rupees Thirty Thousand), whereas Petitioner no.2 is ready to deposit Rs.20,000.00 (Rupees Twenty Thousand) in the Nazarat of the learned Court below at the time of furnishing their bail bonds. Rest amount shall be paid by them in four equal installments within one year from today. All these deposits are subject to final outcome of the case against them.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing

Patna High Court CR. MISC. No.37226 of 2021(4) dt.28-02-2022 3/3 bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Silao P.S. Case No.54 of 2015, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

It is made clear that the learned Court below would be at liberty to cancel the bail bonds of the petitioners in case they fail to abide by their undertakings in the foregoing paragraph of this order.

(Anjani Kumar Sharan, J.) Trivedi/- U T