Sanoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45025 of 2022 Arising Out of PS. Case No.-220 Year-2018 Thana- KAUWAKOL District- Nawada ====================================================== Sanoj Kumar Son of Arjun Yadav @ Arjun Prasad Yadav Resident of Village - Nawadih, Post Office - Nawadih, P.S.- Kauwakol (Rupo), District - Nawada. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

South Bihar Power Distribution Company Limited, Patna through its Managing Director. Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ujjawal Kumar Singh For the Opposite Party/s :

Mr.Nawal Kishore Prasad For the informant Mr. Ajay Kumar Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Kauwakol (Rupo) P.S. Case no. 220 of 2018 instituted for the offence under Section 353 of the Indian Penal Code and Section 135 of the Electricity Act.

Prosecution case relates to theft of electricity by the petitioner who runs floor mill as a result of which loss of Rs. 2,97,695/- to the government.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Petitioner had approached the authority and when the

Patna High Court CR. MISC. No.45025 of 2022(2) dt.13-12-2022 2/2 authority found their fault, on 19.10.2018, they issued a letter to the Electricity Court, Magadh Area, Gaya stating there is that this letter is being issued for correction in FIR No. 220 of 2018 and from Annexure-3, it appears that the authority has prayed to Electricity Court to discharge the petitioner from the instant case. He has got no criminal antecedent.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Kauwakol (Rupo) P.S. Case no. 220 of 2018, he will 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 learned Special Judge Electricity, Magadh Area, Gaya subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U