Sanjiv Kumar @ Sanjiv Kumar Yadav v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47040 of 2018 Arising Out of PS.Case No. -469 Year- 2017 Thana -BANKA District- BANKA ====================================================== Sanjiv Kumar @ Sanjiv Kumar Yadav, Son of Umesh Yadav, resident of Village- Fatehpur, Police Station- Zeromile, District- Bhagalpur. .... .... Petitioner

Versus

1. The State of Bihar.

2. The South Bihar Power Distribution Company Limited. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Najmul Hodda For the Opposite Party/s : Mr. Bal Mukund Prasad Sinha For SBPDCL : Mr. Lokesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-08-2018 Heard learned counsel for the petitioner.

Petitioner apprehends his arrest in connection with Banka P.S.Case No. 469 of 2017 registered for the offences punishable under Sections 419, 420, 379 of the Indian Penal Code and Section 135 of Electricity Act.

Allegation as per FIR is of causing theft of electricity energy and causing loss of revenue to the Power Distribution Company Limited and there is specific allegation against the petitioner that he was the instrumental for that. Submission of learned counsel for the petitioner is that other accused persons have been granted bail as mentioned in paragraph-10 of the petition and though there is allegation petitioner was instrumental in getting the meter manipulated but he was working at Bhagalpur and occurrence took place at Banka

Patna High Court Cr.Misc. No.47040 of 2018 (3) dt.20-08-2018 2/2 and moreover wife of petitioner has filed an application before the Superintendent of Police for getting the matter verified with the help of CDR location as there is specific allegation that petitioner had talk with the other accused persons.

Heard learned APP and learned counsel for South Bihar Power Distribution Company Limited.

Having heard both sides and in the facts and circumstances, as stated above, let the petitioner, named above, in the event of his arrest or surrender, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Banka, in connection with Banka P.S.Case No. 469 of 2017, subject to the conditions as laid down under Section 438(2) Cr.P.C. and further condition is that one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of court concerned. (Vinod Kumar Sinha, J) spal/- U