Sheojee Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40502 of 2019 Arising Out of PS. Case No.-279 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

Versus

1.

The State of Bihar 2.

Rakesh Kumar Nirala, Assistant Electrical Engineer, Bikramganj Sub Division, Rohtas Bihar ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Kanhaiya Pandey, Advocate for the O.P. No.2 :

Mr. Shrekant Sharan Singh, Advocate For the Opposite Party/s :

Mr.Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 03-07-2019 Heard learned counsel for the petitioner, learned counsel appearing on behalf of O.P. No.2 and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Dinara P.S. Case no. 279 of 2018, registered under Section 379 of the Indian Penal Code and Section 135 of the Electricity Act.

The accusation is of running flour mill by the petitioner using the electric energy putting the hook and caused loss of Rs. 3,65,142/- to the Electricity Department. Learned counsel for the petitioner submits that, in fact, the petitioner has falsely been implicated in this case with

Patna High Court CR. MISC. No.40502 of 2019(2) dt.03-07-2019 2/2 ulterior motive by the electricity department. Further submission is that petitioner is ready to pay Rs. 3,65,142/- in installment on protest.

Having regard to the facts and circumstances of the case and in view of submission made on behalf of the learned counsel appearing on behalf of the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M., Bikramganj, Rohtas in connection with Dinara P.S. Case No. 279 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. with further condition that petitioner will show receipt of Rs. 65,000/- deposited in the Electricity Department at the time of furnishing of bail bond and remaining amount of Rs. Three Lakhs will be paid in installment by the petitioner within three months failing which his bail bond shall be cancelled.

(Rajendra Kumar Mishra, J) manish/- U T