Sunil Kumar v. The Chairman, South Bihar Power Distribution Company Limited, Bailey Road, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25903 of 2019 Arising Out of PS. Case No.-306 Year-2016 Thana- SIRDALA District- Nawada ====================================================== Sunil Kumar, Son of Naresh Prasad, Resident of Village-Ghaghat,P.S-Sirdala, District-Nawada.

... ... Petitioner/s

Versus

The Chairman, South Bihar Power Distribution Company Limited, Bailey Road, Patna, Bihar.

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

For the Petitioner/s :

Mr. Ajay Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Vinay Kirti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-07-2019 This is an application for grant of anticipatory bail in connection with Sirdalla P.S. Case No. 306 of 2016, disclosing offences under Section 379 of IPC and Section 135 of Electricity Act, 2003.

Allegation against the petitioner is of theft of electricity, causing loss of Rs.2,54,477/- to the State Exchequer. Submission of learned counsel for the petitioner is that no case is made out against the petitioner. However, on perusal of the case diary, he agreed to deposit the amount, if some reasonable time is given to him.

Heard learned APP as well as learned counsel appearing on behalf of the South Bihar Power Distribution Company Ltd. also.

Patna High Court CR. MISC. No.25903 of 2019(3) dt.04-07-2019 2/2 In such view of the matter, let the petitioner, above named, surrender before the learned court below by 08.08.2019 with a bank draft of Rs.54,477/- payable in the name of South Bihar Power Distribution Company Ltd. Patna, once the same is deposited, he will be enlarged on provisional bail for a period of four months and during that period, he will be deposited the rest of the amount in four equal installments of Rs.50,000/- in the first week of each month.

Once the total amount is deposited by the petitioner, his bail bond shall be confirmed and at the same time, if he fails to deposit any installment, his bail bonds shall be cancelled. The aforesaid amount so deposited shall be released in favour of South Bihar Power Distribution Company Ltd. on filing of application and undertaking and the same will be subject to the result of the case.

With the aforesaid observations, this application is disposed of.

Sunil Shukla/- (Vinod Kumar Sinha, J) U T