Md. Dilshad Anwar @ Bablu Malik v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17175 of 2017 Arising Out of PS.Case No. -527 Year- 2016 Thana -NAWADA District- NAWADA ======================================================

1. Md. Dilshad Anwar @ Bablu Malik Son of Late Md. Ehsanul Haque Resident of Ladies Choice and Gift Counter, Bundelkhand near Railway Gumati, Mirdah Toli, P.S. - Bundel Khand, District - Nawada .... Petitioner

Versus

1. The State of Bihar

2. The Managing Director, South Bihar Power Distribution Co. Ltd, Vidyut Bhawan, Bailey Road, Patna .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Sanjay Kumar Sinha, Adv. For the State : Mr. Dr. Indiwar Kumari, APP 22 For the Electricity Board : Mr. Vikas Chandra Srivastava, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 08-04-2017 Heard the learned counsel for the petitioner and the State.

This is a petition for grant of anticipatory bail for offence under Section 135 of the Electricity Act, 2003. The authorities of electricity conducted raid in the business premise of Lacy Choice Gift Counter and found a case of electricity theft. It is disclosed that there was dues of Rs.5,97,097/- on the electricity connection bearing No. NWD/2489 NA 14985, hence, electricity supply was already disconnected, in spite of that electricity theft was being done. The raid was conducted on 16.09.2016.

Submission of the petitioner is that Annexure 4 would show that earlier electric meter was in the name of Md. Shamshul Haque, the uncle of the petitioner and

Patna High Court Cr.Misc. No.17175 of 2017 (2) dt.08-04-2017 2/2 electric supply was disconnected due to electricity dues. The brother of this petitioner, Md. Naushad Alam, had let out the referred premise to a tenant on 30.01.2016 vide the written agreement, at Annexure 3, and there was specific stipulation in condition no. 2 that the tenant would instal his own electric meter, which he did not do. In the circumstances only tenant is liable not for payment of arrears, but, for payment of the current loss. Considering the aforesaid fact, the petitioner, above named, in the event of his arrest or surrender, within four weeks from the date of receipt of this order, be released on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Nawada Nagar (Bundelkhand) P.S. Case No. 527 of 2016 to the satisfaction of the Special Judge, Electricity Magadh Area, Gaya, or successor Court, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code.

(Birendra Kumar, J) SA/- U √ T √