Ravindra Prasad Yadav @ Ravindra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34566 of 2022 Arising Out of PS. Case No.-386 Year-2021 Thana- NARHATT District- Nawada ====================================================== Ravindra Prasad Yadav @ Ravindra Yadav Son Of Laljit Yadav R/O VillageIbrahimpur, P.S.- Narhat, District- Nawada ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The South Bihar, Power Distribution Company Through The Assistant Engineer Electric Supply Sub- Division Hasua, District- Nawada, Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shivendra Prasad For the Informant :

Mr. Shrekant Sharan Singh for the State :

Mr. Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-11-2022 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 135 of the Electricity Act.

It is a case of consumption of unauthorized electricity. The total loss calculated by the Electricity Company is Rs. 4,38,588/-.

It is submitted by learned counsel for the petitioner that petitioner has not committed any offence and he has falsely been implicated in this case. The

Patna High Court CR. MISC. No.34566 of 2022(2) dt.28-11-2022 2/3 place of alleged seizure of electric motor is not an industrial premises as alleged in the F.I.R rather the same is dwelling house of the petitioner. The petitioner is an unemployed person and planned to install a floor mill to earn his livelihood but he had not purchased the floor mill due to paucity of money but purchased an induction motor on 11.05.2021. Hence, the consumption of unauthorized electricity, if any, must be calculated after 15.11.2021.

However, the petitioner is ready to pay Rs. 1,00,000/-(One Lakh) to the Electricity Company before filing of the bail bonds.

In the facts and circumstance of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Special Judge, Electricity Court,

Patna High Court CR. MISC. No.34566 of 2022(2) dt.28-11-2022 3/3 Magadh Area, Gaya in connection with Narhat P.S. Case No. 386 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

The bail bonds of the petitioner will be accepted by the learned Court below on showing receipt of Rs. 1,00,000/- paid in favour of Electricity Company by the petitioner, which will be subject to the final adjudication of the case.

(Sunil Kumar Panwar, J) Shageer/- U T