Sanjay Kumar @ Sanjay Kumar Rai v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23502 of 2015 Arising Out of PS.Case No. -506 Year- 2013 Thana -RUNISAIDPUR District- SITAMARHI ====================================================== Sanjay Kumar @ Sanjay Kumar Rai Son of Bharath Raut resident of village & P.S. Runnisaidpur, District - Sitamarhi .... .... Petitioner

Versus

1. The State of Bihar

2. Shiv Shankar Singh, Assistant Engineer Electricity Supply Division, Runnisaidpur, District - Sitamarhi .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Shankar Kumar, Advocate.

For the Opposite Parties : Mr. Atul Chandra(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 14-07-2015 Heard, learned counsel for the petitioner is present but nobody appeared on behalf of North Bihar Electric Supply Company.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 135 of the Electricity Act. The petitioner is alleged to have theft electrical energy and caused loss of Rs. 3,54,501/-.

It is submitted that not even a single witness put signature on the seizure list. The entire allegation is false and concocted.

Considering the facts that Assistant Electrical Engineer found the petitioner running a generator set by committing theft of

Patna High Court Cr.Misc. No.23502 of 2015 (3) dt.14-07-2015 2/2 electrical energy thereby the petitioner caused loss of Rs. 3,54,501/-, if the petitioner deposits 1/4th (One fourth) of the total amount within one week then the petitioner above named, in the event of his arrest or surrender before the court below within a period of one month from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi in Runnisaidpur P.S. Case No. 506 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. Further the petitioner shall deposit the rest amount in three equal installments within six months thereafter and the amount deposited shall be withdrawn only after result of the case. If the petitioner fails to deposit any installments, the court below shall cancel the bail bond of the petitioner.

(Prabhat Kumar Jha, J.) KKSINHA/- U T