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Patna High CourtCR. MISC./42703/2024allowed

Ramayan Yadav @ Ramayan Ram v. The State Of Bihar

2024-09-21Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42703 of 2024 Arising Out of PS. Case No.-86 Year-2024 Thana- SIMRI District- Buxar ====================================================== Ramayan Yadav @ Ramayan Ram Son of Late Sri Ram Yadav (Wrongly Described As Son of Late Rajbaran), Resident of Vill- Dulahpur, P.S.- Simari, District- Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satyapal Singh, Advocate.

For the Opposite Party/s :

Mr. Sunil Kumar Pandey, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 21-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Simari P.S. Case No.86 of 2024 instituted under Sections 341, 353, 504, 506 & 34 of the Indian Penal Code and under Section 135 of the Indian Electricity Act, 2003.

3. As per the prosecution case, the allegation against the petitioner is that he illegally stolen the electricity by making direct connection, in which motor of 5 H.P. was operating which caused economic loss worth Rs.3,02,653/- to the informant.

4. Learned counsel for the petitioner submits the petitioner is innocent and has been falsely implicated in this case. He further submits that the petitioner is not the owner of any industrial premises rather he is a bona-fide consumer of

Patna High Court CR. MISC. No.42703 of 2024(3) dt.21-09-2024 2/2 electricity department. Learned counsel submits that nothing incriminating article relating to theft was recovered from the place of occurrence. He further submits that petitioner has no criminal antecedent. Learned counsel for the petitioner undertakes that the petitioner shall pay 20 per cent of the total outstanding amount of Rs.3,02,653/-.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned Chief Judicial Magistrate, Buxar/ Concerned Trial Court in connection with Simari P.S. Case No.86 of 2024, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973, subject to payment of 20 percent of Rs.3,02,653/- with informant within a period of six weeks. (Sunil Dutta Mishra, J) Ritik/- U T