Manoj Kumar Choudhary v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44290 of 2016 Arising Out of PS.Case No. -26 Year- 2016 Thana -BUDHUCHAK District- BHAGALPUR ====================================================== Manoj Kumar Choudhary, S/o Late Hari Prasad @ Hari Choudhary, resident of Village- Budhuchak, P.S. Budhuchak, District- Bhagalpur. .... .... Petitioner

Versus

1. The State of Bihar

2. Bihar State Electricity Board through Kunal Kishore, Assistant Manager (BEDCPL), Bhagalpur.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Davendra Kumar Pandey, Advocate For the Opposite Party/s : Mr. R. Ratnakar, A.P.P. For BESB : Mrs. Archana Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 24-10-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Budhuchak P.S. Case no. 26 of 2016, registered under Sections 135(1) of Electricity Act.

The accusation is that in course of checking, the 03 phase meter of floor mill of the petitioner was found not functional and the floor mill was being run by this petitioner by putting hook in L.T. Line, which is punishable under Section 135 (1) of the Electricity Act. Learned counsel for the petitioner submits that it would appear from the F.I.R. that the written report of the informant was filed on 01.08.2016, which is the basis of the present case, after filing of complaint Case No. 1163 of 2016 by the petitioner for making illegal

Patna High Court Cr.Misc. No.44290 of 2016 (2) dt.24-10-2016 2/2 demand from the petitioner by the Supervisor of the Bhagalpur Electricity Distribution Company Ltd. on 23.07.2016 and due to that reason the present case has been lodged.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his 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 ACJM-XIII, Bhagalpur in connection with Budhuchak P.S. Case No. 26 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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