Harendra Rai v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48790 of 2017 Arising Out of PS.Case No. -114 Year- 2017 Thana -ARA MUFFSIL District- BHOJPUR ======================================================
1. Harendra Rai, Son of Late Ram Gati Rai, Resident of Village - Jamira, P.S. - Arrah Muffasil, District Bhojpur.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Assistant Electric Engineer, Raghvendra Pratap Singh, S/o Upendra Kumar Singh, Prabdiwani Bhawan, Khemni Chak, Patna - 800027, Mob No. 7763814265.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ram Lallan Singh For the Board : Mrs. Archana Sinha, Adv. For the State : Mrs. Asha Devi ======================================================
CORAM:
HONOURABLE MR.
JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 17-11-2017 Heard the parties.
This application, for grant of anticipatory bail, arises out of Arrah Muffasil P.S. Case No. 114 of 2017, disclosing offences under Sections 135 of the Electricity Act. It appears that the petitioner has given on lease a piece of land to Bharti Infratel Limited for raising Airtel
Patna High Court Cr.Misc. No.48790 of 2017 (2) dt.17-11-2017 2/3 Tower. The allegation is of theft of electricity in the said premises.
Learned counsel for the petitioner has submitted that the petitioner has been implicated in this case only because the said land has been given on lease to the said company.
Learned counsel, appearing on behalf of the Board, on the other hand, has submitted, on the basis of the First Information Report, that the petitioner is the caretaker of the said establishment and, therefore, he has rightly been implicated.
Be that as it may, in view of the nature of allegation and the facts and circumstances of the case, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released 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 learned Chief Judicial Magistrate, Arrah, in connection with Arrah Muffasil P.S. Case No. 114 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioner shall present himself/herself before the
Patna High Court Cr.Misc. No.48790 of 2017 (2) dt.17-11-2017 3/3 police/Court, as the case may be, as and when required and in the event of failure on his/her part to appear before the Court on two consecutive occasions, his/her bail bond shall be liable to be cancelled.
(Chakradhari Sharan Singh, J) Praveen-II/- U T