Patna High CourtCR. MISC./39657/2017bail granted

Sanjay Kumar v. State Of Bihar And ANR

2017-08-19Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39657 of 2017 Arising Out of PS.Case No. -70 Year- 2013 Thana -JAMHORA District- AURANGABAD ====================================================== Sanjay Kumar, son of Paras Nath Prasad @ Paras Nath Singh, resident of village-Baligaon, Police Station Rafiganj, District Aurangabad. .... .... Petitioner.

Versus

1. The State of Bihar.

2. The Secretary, South Bihar Power Distribution Company Limited, Vidyut Bhawan, Bailey Road, Patna-800001.

.... .... Opposite Parties.

====================================================== Appearance :

For the Petitioner/s : Mr. Ravi Shanker Pankaj For the Opposite Party/s : Smt. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 19-08-2017 Heard learned counsel for the petitioner, learned counsel for the Electricity Department and learned APP for the State.

The petitioner seeks bail in Jamhor P.S. Case No. 70 of 2013 registered under Section 135 of the Electricity Act. As per the prosecution case, G.T.L. Tower Infratechor hailing to Mahendra Narain Singh, Jamhor is said to have taken illegal electric connection with the help of its guard, namely, Ranjit Singh and Sanjay Kumar (petitioner), despite snapping of his electric connection earlier, thereby causing loss of Rs.6,35,135.00 to the Electricity Department. It is submitted by learned counsel for the petitioner that the petitioner is not an the employee of Mahendra Narain

Patna High Court Cr.Misc. No.39657 of 2017 (02) dt.19-08-2017 -2Singh who is the owner of G.T.L. Tower Infratechor rather he has been appointed by the company to look after all the towers in the nearest towns of Bihar and check power as well as generator. He has no concern with the said occurrence. Moreover he is not the beneficiary of the said theft of electricity, rather if any theft is committed the beneficiary is owner of the said company i.e. Mahendra Narain Singh. The petitioner has been languishing in custody since 11.07.2017.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge (Electricity) Magadh Area, Gaya in connection with Jamhor P.S. Case No.70 of 2013.

(Prakash Chandra Jaiswal, J) Trivedi/- U T