Laxmi Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37640 of 2022 Arising Out of PS. Case No.-45 Year-2021 Thana- PANDAUL District- Madhubani ====================================================== Laxmi Thakur Son Of Bhola Thakur Resident Of Village- Bhour, P.S.- Pandaul, District- Madhubani ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Girjanand Prasad For the Opposite Party/s :

Mr.Veena Rani Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

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

The prosecution case in nutshell is that during inspection it was found that theft of electricity was being committed by the petitioner and other co-accused persons. It is further alleged that petitioner has committed theft of electricity by hooking from the Low Tension Electric Wire, due to which Government incurred loss of Rs. 1,99,162/- It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been

Patna High Court CR. MISC. No.37640 of 2022(2) dt.30-11-2022 2/3 implicated in the present case. It is also submitted that the petitioner took the alleged house on rent from Mira Devi two months earlier and he is not accountable for any electricity disorder. A statement has been made in para 3 of the petition that petitioner has clean antecedent. It is further submitted that petitioner is ready to deposit Rs. 50,000/- (Rs. Fifty Thousands) to the concerned department. Petitioner is directed to deposit Rs. 50,000/- (Rs. Fifty Thousands) to concerned department at the time of filing Bail Bond.

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 eight 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 Chief Judicial Magistrate, Madhubani in connection with Pandaul P.S. Case No. 45 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. The Bail Bond will be accepted by the learned Court below on showing the receipt of deposit of Rs.

Patna High Court CR. MISC. No.37640 of 2022(2) dt.30-11-2022 3/3 50,000/- (Rs. Fifty Thousands) by the petitioner in favor of the concerned department.

The aforesaid payment will be subject to the final adjudication of the case.

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