Ashok Mandal @ Ashok Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40069 of 2021 Arising Out of PS. Case No.-32 Year-2021 Thana- KURSAILA District- Katihar ====================================================== Ashok Mandal @ Ashok Kumar Mandal, Son of Late Kako Mandal, Resident of Village Tighariya, P.S. Kursela, District Katihar. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner :

Mr. Bhola Prasad, Advocate For the State :

Mr. Anuj Kumar Shrivastava, APP For NBPDCL :

Mr. Vinay Kirti Singh, Sr. Advocate Mr. Vijay Kumar Verma, Advocate Mr. Akhileshwar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-06-2022 Heard learned counsel for the parties.

The petitioner apprehends his arrest in connection with Kursela P.S. Case No.32 of 2021, registered for the offence punishable under Section 135 of the Electricity Act. The prosecution case, in brief, is that on 19.02.2021, the informant along with raiding party raided the industrial premises of the petitioner and found that the petitioner committed theft of electric energy by using "Toka" due to which the department sustained a loss of Rs.6,93,595/-. Earlier also Rs.1,35,154/- was due against the father of the petitioner and at that time the electric line was disconnected on 30.08.2012. Learned counsel for the petitioner submits that the petitioner is ready to pay 50% of the amount and he has already

Patna High Court CR. MISC. No.40069 of 2021(8) dt.28-06-2022 2/2 paid Rs.1,50,000/- to the North Bihar Power Distribution Company Limited, Katihar. It is further submitted that the petitioner is ready to pay the rest amount in near future. Taking into consideration the fact that the petitioner is ready to pay the rest amount to the North Bihar Power Distribution Company Limited, Katihar in near future, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar in connection with Kursela P.S. Case No.32 of 2021, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

It is made clear that the learned court below shall accept the bail bond of the petitioner after verifying the fact that the petitioner has already paid the rest amount to the North Bihar Power Distribution Company Limited, Katihar. (Anjani Kumar Sharan, J.) Sanjay/- U T