Ram Balak Prasad v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.17755 of 2016 (4) dt.25-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17755 of 2016 Arising Out of PS.Case No. -291 Year- 2015 Thana -SURSAND District- SITAMARHI ====================================================== Ram Balak Prasad, son of Late Matukdhari Prasad, Resident of Sursand Main Road, Police Station Sursand,District- Sitamarhi. .... .... Petitioner

Versus

1. The State of Bihar.

2. North Bihar Power Distribution Company Ltd. through Junior Engineer, Sursand Sitamarhi.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Pushpendra Kr. Singh, Advocate For the State : Mr. Sharda Kumari(App) For the Informant : Mr. Vijay Kr. Verma, Advocate ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 25-05-2016 Heard learned counsel for the petitioner and the State.

The petitioner apprehends his arrest in connection with Sursand PS case no. 291/2015 registered for offence punishable under Section 135 of the Indian Electricity Act. As per the allegation, petitioner has committed theft of electricity and penal amount of Rs. 75,190/- has been shown to be payable by him in the first information report. Petitioner contends that he is a bonafide consumer, however, the fact is being denied by the North Bihar Power Institution Company Ltd.

Patna High Court Cr.Misc. No.17755 of 2016 (4) dt.25-05-2016 Having regard to the facts and circumstances of the case, let the petitioner, namely, Ram Balak Prasad be released on bail in the event of arrest/surrender before the court below within a period of eight weeks from today in Sursand PS case no. 291/2015, on furnishing bail bond of Rs.10,000( Ten Thousand Rupees) with two sureties of the like amount each to the satisfaction of Sri Jai Prakash Kisku, J.M. Pupri at Sitamarhi subject to the conditions as laid down under sub-section(2) of Section 438 of the Code of Criminal Procedure subject to further condition that petitioner will pay 25% of the amount which is shown to be due against him in the first information report and obtain a receipt thereof from the Electrical Executive Engineer, Sursand, Sitamarhi and produce the receipt showing the payment of the same granted by such authority at the time of furnishing bail bond.

(Dr. Ravi Ranjan, J.) rinkee/ravi U T