Upendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55276 of 2018 Arising Out of PS.Case No. -300 Year- 2017 Thana -RAJAOLI District- NAWADA ======================================================

1. Upendra Singh S/o Late Siyaram Singh, R/o Vill.- Amawan, P.S.- Rajauli, District- Nawada. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Prawesh Kumar, Adv. For the Opposite Party/s : Mr. Sri Manoj Kumar - 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 06-10-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offence alleged under Section 135 of the Electricity Act registered in connection with Rajauli P.S. Case No. 300 of 2017.

3. It is submitted that the petitioner has been falsely implicated in connection with alleged theft of electricity for running his flour mill. He further submits that seizure report does not disclose the recovery or any incriminating article to suggest such theft. Petitioner claims clean antecedent.

4. Having regard to the entirety of the facts and circumstances, as such, in the event of the petitioner arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction

Patna High Court Cr.Misc. No.55276 of 2018 (2) dt.06-10-2018 2/2 of learned Special Judge (Electricity), Magadh Area, Gaya in connection with Rajauli P.S. Case No. 300 of 2017 subject to the conditions as laid down under Section 438(a) Cr.P.C. and also subject to the following further conditions:

(i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall co-operative with the investigation, if not already concluded, and make him available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(iv) The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) sushma/- U T