Patna High CourtCR. MISC./39362/2019dismissed

Sheojee Sah v. The State Of Bihar

2019-06-27Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39362 of 2019 Arising Out of PS. Case No.-451 Year-2018 Thana- DINARA District- Rohtas ====================================================== SHEOJEE SAH S/o Sri Doma Sah @ Doman Sah R/o village- Dinara, P.O.- Dinara, P.S.- Dinara, District- Rohtas ... ... Petitioner/s

Versus

The State of Bihar Bihar 2.

Rakesh Kumar Nirala, Assistant Electrical Engineer, Bikramganj Sub Disvision, Rohtas Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kanhaiya Pandey For the Opposite Party/s :

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 27-06-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Dinara P.S. Case N0. 451 of 2018, disclosing offences under Section 379 of the Indian Penal Code and Section 135 of the Bihar Electricity Act.

The allegation against the petitioner is of committing theft of electricity, causing loss of a sum of Rs. 5,22,331/-. It appears that earlier also an FIR was lodged against the petitioner being Dinara P.S. Case No. 279 of 2018, making allegation of theft of electricity. It is alleged in the First Information Report that despite disconnection of the electricity supply, the petitioner continued use of electricity.

Considering the nature of accusation and the fact

Patna High Court CR. MISC. No.39362 of 2019(2) dt.27-06-2019 2/2 that the petitioner is consistently indulging in theft of electricity, I am not inclined to grant him privilege of anticipatory bail to the petitioner.

However, the petitioner is directed to surrender before the Court below within four weeks from today, if so advised. If he does so, his application for regular bail shall be considered on its own merit without being prejudiced by rejection of the present anticipatory bail application by this Court.

(Chakradhari Sharan Singh, J) arun/- U