Mahesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31418 of 2022 Arising Out of PS. Case No.-845 Year-2021 Thana- LAKHISARAI District- Lakhisarai ====================================================== MAHESH KUMAR Son of Shri Ram Singh Resident of Village - Siswan, P.S.- Ramgarhchauk, District - Lakhisarai.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Anjani Pd. Singh, Advocate For the Opposite Party/s :

Mr. Brajendra Nath Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-09-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 135 of the Indian Penal Code.

The informant alleges that on account of theft committed by the petitioner, the Electricity Department was put to loss of Rs. 2,70,130/-.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and has been falsely implicated in the present case, it is next submitted that from perusal of the allegations as alleged in the FIR, it would manifest that the informant has alleged that the

Patna High Court CR. MISC. No.31418 of 2022(2) dt.26-09-2022 2/3 petitioner had cut three wires which were connected with his main meter by passing the main meter and thus was committing theft of electricity but the seizure list does not show the seizure of meter and the wire. Learned counsel further submits that though informant in the FIR has alleged that the meter and the wire was snatched but that is only an allegation to falsely implicate the petitioner, it is further submitted that though it is alleged that the Electricity Department was put to loss of Rs. 2,70,130/- but then from perusal of the allegation itself, it manifests that dues till the month of November 2021 was Rs. 30,751/- then how come in the month of December the said amount would be arrived at within a period of less than one month.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner, Be that as it may, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the

Patna High Court CR. MISC. No.31418 of 2022(2) dt.26-09-2022 3/3 case is pending/successor court in connection with Lakhisarai (Ramgarh) P.S. Case No. 845 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Gauravkr/- U T