Sintu Yadav v. North Bihar Power Distribution Company Limited Through Its Managing Director, Viduyt Bhawan,

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43666 of 2021 Arising Out of PS. Case No.-115 Year-2020 Thana- PASRAHA District- Khagaria ====================================================== SINTU YADAV Son of Shiv Yadav Resident of Village- Bhimri Mushari Tola, P.S.- Pasraha, Ditrict- Khagria.

... ... Petitioner/s

Versus

North Bihar Power Distribution Company Limited Through its Managing Director, Viduyt Bhawan, Bailey Road, Patna.

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

For the Petitioner/s :

Mr.Binod Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Giri ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-08-2022 Heard learned counsel for the petitioner and the State. Petitioner apprehends his arrest in a case registered for the offence punishable under Section 135 of the Bihar Electricity Act.

It is a case of theft of electricity.

Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. During the course of investigation no cogent material has come against this petitioner to show his complicity. Learned counsel appearing for the NBPDCL opposes the prayer for anticipatory bail and submits that petitioner has criminal antecedent and he has already been made accused in Pasaraha PS case No. 18/ 2020 u/s 135 of Electricity Act and he

Patna High Court CR. MISC. No.43666 of 2021(6) dt.08-08-2022 2/2 is a habitual offender. The illegal act of consuming electricity through hooking from the electricity pole by the petitioner has put the NBPDCL to the loss of Rs. 11,03,698/-. The petitioner has committed theft of Rs. 8,32,058/- in the present FIR and has committed theft of Rs. 2,71,640/- in the earlier case of theft against him and, thus, petitioner has committed theft of electricity worth Rs. 11,03,698/-.

Considering the nature of accusation and gravity of the offence, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) BKS/- U T