Akhilesh Anand v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35676 of 2022 Arising Out of PS. Case No.-882 Year-2021 Thana- LAKHISARAI District- Lakhisarai ====================================================== Akhilesh Anand Son Of Krishnballav Singh @ Krishna Ballava Singh At present resident of BypassPpath, Barhiya P.S.- Barahiya, District- Lakhisarai. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The South Bihar Power Distribution Company Limited Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amit Shrivastava, Sr. Advocate Mr.Nilesh Kumar Nirala Mr. Girish Pandey For the Opposite Party/s :

Mr.Abhay Kumar Mr. Ajay Kumar Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-11-2022 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 135 of the Electricity Act.

As per the prosecution case, petitioner is alleged to have used three phase of line and committed theft of electricity which caused a loss of more than Rs. 10,16,813/- (Ten lakhs sixteen thousand eight hundred thirteen only) of the government revenue.

It is submitted that there is a remedy available with regard to the Settlement Committee and he may be allowed to

Patna High Court CR. MISC. No.35676 of 2022(3) dt.23-11-2022 2/2 appear before the Settlement Committee.

Counsel appearing for the Electricity Department does not object and submits that the Settlement Committee shall decide the matter.

Considering the facts aforesaid and taking into consideration the provisions of the Settlement Committee which provide depositing of 25% of the claimed amount as a priority before the Settlement Committee. If the petitioner deposits the said amount, he may approach before the Settlement Committee.

In view of the aforesaid facts and circumstance, the petitioner above-named, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Lakhisarai in connection with Lakhisarai P.S. Case No. 882 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T