Bhuttu Mian v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47700 of 2016 Arising Out of PS.Case No. -10 Year- 2016 Thana -PIPRA District- PATNA ====================================================== Bhuttu Mian, son of Seraj Mian, resident of Village- Bhabhaul, P.S. Pipra, District- Patna. .... .... Petitioner
Versus
1. The State of Bihar.
2. Ashish Kumar S/o Sri Jay Prakash Singh, Assistant Electrical Engineer Punpun, PS Punpun Dist. Patna. .... .... Opposite Parties ====================================================== Appearance :
For the Petitioner/s : Mr. Madhav Roy, Adv. For the Opposite Party/s : Mr. Md. Ashlam Ansari Mrs. Archana Sinha, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 18-11-2016 Heard Sri Madhav Roy, learned counsel for the petitioner, Mr. Md. Ashlam Ansari, learned Addl. Public Prosecutor and Mrs. Archana Sinha, learned counsel for Opp.Party no.2.
The petitioner prays for anticipatory bail in Pipra P.S. Case No.10/2016 registered for the offence under Section 135 of the Electricity Act.
The allegation is that by hooking wire, the petitioner was illegally consuming energy, which caused loss of amount of Rs.2,92,700/- to the South Bihar Power Distribution Company Ltd.
Mr. Roy, learned counsel for the petitioner, on instruction submits that for securing privilege of anticipatory bail,
Patna High Court Cr.Misc. No.47700 of 2016 (2) dt.18-11-2016 2/2 the petitioner is ready and willing to pay 40% of the loss amount to the Company subject to final decision in the case or in the assessment proceeding initiated against the petitioner by the Company.
After having heard the parties and considering the submission of the parties, the Court is inclined to extend the privilege of anticipatory bail. Let the petitioner, namely, Bhuttu Mian , in the event of his arrest or surrender within a period of four weeks from today be released on bail on furnishing bail bond of Rs.10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Mashauri in connection with Pipra P.S. Case No.10/2016, G.R. No.231/16 with following conditions: (i) the petitioner shall produce documents of receipt showing deposit 40 % of the amount of loss as reflected in the First Information Report in the office of the informant or the South Bihar Power Distribution Company Ltd (ii) one of the bailors shall be own close family member and (iii) the amount so deposited shall be subject to result of the case or assessment proceeding initiated against the petitioner.
NKS/- (Kishore Kumar Mandal, J) U T