Abbas Quraisi @ Md. Abbas Quraishi v. The State Of Bihar

Patna High Court Cr.Misc. No.36496 of 2016 (3) dt.16-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36496 of 2016 Arising Out of PS.Case No. -136 Year- 2016 Thana -DUMRAUN District- BUXAR ====================================================== Abbas Quraisi @ Md. Abbas Quraishi Son of Khudus Quraisi resident of village - Naya Bhojpur, P.S. Dumraon, District - Buxar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dr. Kamal Deo Sharma For the Opposite Party/s : Mr. Sri Rajendra Singh Shastriji ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 16-09-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Dumraon P.S. Case No. 136 of 2016 registered under Section 135 of the Electricity Act.

The accusation is that, in course of raid laid by the Electricity Department, petitioner was found using electric connection in his shop by putting Toka. As such, due to theft of electric energy by putting Toka the petitioner caused loss of Rs.29409/- to Electricity Department.

Learned counsel for the petitioner submits that, in fact, petitioner has taken generator connection but due to ulterior motive petitioner has falsely been implicated in this case.

Patna High Court Cr.Misc. No.36496 of 2016 (3) dt.16-09-2016 Moreover, the petitioner is ready to pay Rs.29,409/-, which is said to be loss caused by this petitioner, to the Electricity Department within eight weeks.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on provisional bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Buxar, in connection with Dumraon P.S. Case No. 136 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C. It the petitioner submits the receipt regarding depositing of Rs.29,409/- within eight weeks in favour of the concerned authority, the provisional bail of the petitioner shall be confirmed by the court below, failing which the court shall cancel the bail bond of the petitioner.

Accordingly, the application is disposed of.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T