Dharmendra Prasad @ Dharmendra Kumar v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.53677 of 2016 (2) dt.20-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53677 of 2016 Arising Out of PS.Case No. -136 Year- 2016 Thana -MAIRWA District- SIWAN ====================================================== Dharmendra Prasad @ Dharmendra Kumar, S/o Sri Durga Gond, R/o Village- Sri Nagar, P.S.- Mairwa, District- Siwan. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Bihar State Electricity Board, through North Bihar Power Distribution Company, Patna.

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

For the Petitioner/s : Mr. Ajay Kumar Tiwary, Advocate. For the Opposite Party : Ms. Archna Sinha, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-12-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Mairwa (Siwan) P.S. Case No. 136 of 2016 registered under Sections 135 and 138 of the Electricity Act.

The accusation is that in course of checking by the officials of North Bihar Power Distribution Company Limited at the Tower of Vision India Private Limited, departmental meter bearing no. 29803, which was provided to the consumer, was found missing and the electric energy was consumed without meter by the Tower of Vision India Private Limited, in which, Anil Singh, Ratnesh Kumar and Dharmendra Kumar (petitioner)

Patna High Court Cr.Misc. No.53677 of 2016 (2) dt.20-12-2016 are Cluster Incharge, Technician and Guard respectively and caused of damaged to the cash of Rs.4,31,768/-. Learned counsel for the petitioner submits that it would appear from the F.I.R. that petitioner is neither the owner nor the officials of Tower of Vision India Private Limited and he being simply guard has no concern about the business of the said company. It is further submitted that petitioner has no criminal antecedent.

Considering the aforesaid submissions, let the above named petitioner be released on bail, in the event of his 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 Chief Judicial Magistrate, Siwan, in connection with Mairwa P.S. Case No. 136 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T