Brahmdeo Sahni v. The State Of Bihar Through The Chairman, North Bihar Power Distribution Company Ltd.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39847 of 2017 Arising Out of PS.Case No. -26 Year- 2015 Thana -CHAKAMHESI District- SAMASTIPUR ====================================================== Brahmdeo Sahni, S/o Late Sharwan Sahni, R/V-Saidpur, P.S.-Chakmehsi, District-Samastipur.

.... .... Petitioner/s

Versus

The State of Bihar through the Chairman, North Bihar Power Distribution Company Ltd.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------- 18-09-2017 Heard.

The petitioner apprehends his arrest in connection with Chakmehsi P.S. Case No.26 of 2015 registered under Section 135 of the Electricity Act.

The accusation is that in course of raid by the Electricity Department, this petitioner was found using the electric power by putting TOKA in the main Line causing loss of Rs.1,46,187/- to the Electricity Department.

Learned counsel appearing on behalf of the petitioner submits that, in fact, at the time of search by the Electricity Department, the petitioner was not present and he has falsely been implicated in this case. Further submission is that the petitioner is

Patna High Court Cr.Misc. No.39847 of 2017 (2) dt.18-09-2017 2/2 ready to pay Rs.1,46,187/- which is said be caused loss to the Electricity Department, to the Electricity Department within two months either in lump-sum or in installments. Having considered the facts and the circumstances of the case and also considering the aforesaid undertaking of the petitioner, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on provisional bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-I, Samastipur, in connection with Chakmehsi P.S. Case No.26 of 2015, subject to the conditions laid down under Section 438(2) Cr.P.C.

It is made clear that if the petitioner submits the receipt showing the deposit of Rs.1,46,187/- to the Electricity Department within two months before the court below, his bail bond shall be confirmed and if he fails to do so, the court below would be at liberty to cancel his bail bond.

(Rajendra Kumar Mishra, J) P.S./- U T