Mangal Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61725 of 2017 Arising Out of PS. Case No.-285 Year-2017 Thana- RAMGARH District- Bhabhua (Kaimur) ====================================================== Mangal Singh, son of Late Rama Singh, resident of Village- Akolhi, P.S.- Nuaon, District- Kaimur at Bhabua.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. The South Bihar Power Corporation Ltd. Bihar. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dharmendra Kumar Singh For the Opposite Party/s :

Mr. MD. ASHLAM ANSARI ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-12-2017 Heard learned counsels for the petitioner and State. The petitioner is apprehending arrest in a case registered for the offence punishable under Section 135 of the Electricity Act.

The accusation is of unauthorized consumption of electricity. The total loss has been calculated to the tune of Rs. 41,166/-.

It is submitted by learned counsel for the petitioner that the accusation has maliciously been levelled against the petitioner, as no incriminating article has been recovered to suggest that electricity was being consumed illegally.

Learned counsel for the South Bihar Power Distribution Company Limited submits that the petitioner was illegally

Patna High Court Cr.Misc. No.61725 of 2017(2) dt.22-12-2017 2/2 consuming electricity.

However, learned counsel for the petitioner further submits that the petitioner is ready to deposit 40% of the total calculated loss before the learned court below.

Without expressing any opinion on the merits of the case, considering the present stand of the petitioner, on deposit of 40% of the total calculated loss before the learned court below, let the above named petitioner be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Judicial Magistrate1st, kaimur at Bhabua in connection with Ramgarh (Nuaon) P.S. Case No. 285 of 2017, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

The above payment will be subject to any order being passed in the compounding or any other connected proceeding. (Dinesh Kumar Singh, J) Amrendra/- U T