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Patna High CourtCR. MISC./32508/2020disposed

Satrudhan Singh, v. The State Of Bihar,

2021-04-27Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32508 of 2020 Arising Out of PS. Case No.-640 Year-2019 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== Satrudhan Singh, male, aged about 50 years, son of Akalu Singh, Resident of village - Sourudih, Police Station- Sonhan, District- Kaimur (Bhabua). ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Gautam Vats, S/o Dineshwar Singh, Junior Electric Engineer, Electric Supply Division, Pusouli, Mohania, Kaimur.

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

For the Petitioner/s :

Mr. Rajesh Kumar Pathak, Adv.

For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 27-04-2021 Heard Mr. Rajesh Kumar Pathak, learned Advocate for the petitioner and Mr. Umanath Mishra, learned APP for the State.

There is no appearance on behalf of the opposite party No. 2, who has been served the notice.

The petitioner seeks bail in anticipation of his arrest in connection with Bhabua (Sonhan) P.S. Case No. 640 of 2019, dated 23.10.2019, instituted for the offence under Section 135 of the Electricity Act, 2003. It has been alleged in the F.I.R. that the petitioner

Patna High Court CR. MISC. No.32508 of 2020(3) dt.27-04-2021 2/3 was found using electrical energy in an unauthorized manner and has subjected to Power Distribution Company Ltd. to the loss of Rs. 2,14,466/-.

The learned counsel for the petitioner has submitted that an absolutely false case has been lodged against him. The petitioner had been a regular customer of electrical energy and at the time when his line was disconnected, there was dues of Rs. 18,696/- only. In what manner the revenue has been assessed and has been saddled on the petitioner, is not known to him. Despite the efforts of the petitioner to have the accounting and methodology for computing such loss to the electricity department, nothing has been furnished to him up-till-now. The learned counsel for the petitioner however agrees that the petitioner shall make a payment of Rs. 50,000/-, subject to his rights and contentions later and under protest within a period of three months, provided that he be released on anticipatory bail.

On deposit of Rs. 50,000/- in three installments within a period of three months to be counted from today

Patna High Court CR. MISC. No.32508 of 2020(3) dt.27-04-2021 3/3 before the concerned authority, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of eight weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhabua in connection with Bhabua (Sonhan) P.S. Case No. 640 of 2019, subject to the conditions laid down under Section 438(2) of the Cr.P.C. With the aforesaid observation/direction, the application stands disposed off accordingly.

(Ashutosh Kumar, J) Praveen-II/- U T