Md. Azam v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17518 of 2017 Arising Out of PS.Case No. -20 Year- 2017 Thana -DHURAIYA District- BANKA ======================================================
1. Md. Azam, Son of Shafique Alam, Resident of Village- Sathiyari, P.S.- Dhoraiya, District- Banka.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. South Bihar Power Distribution Co. Ltd.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Md. Anisur Rahman, Advocate For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 21-04-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 135 of the Bihar Electricity Act.
Allegation against the petitioner is that there was electric dues of Rs.90,795/- and electric supply was disconnected and the petitioner was using electricity for commercial purpose to run 5 HP machine, as such, a fine of Rs.1,47,660/- was imposed by the authorities.
Submission of the petitioner is that the petitioner is ready to deposit arrears of Rs.90,795/- before filing of the bail bonds and shall file representation before the authorities
Patna High Court Cr.Misc. No.17518 of 2017 (2) dt.21-04-2017 2/2 concerned for recalculation of the fine amount and thereafter shall deposit the same also after final result of the calculation. In the aforesaid facts, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka/Successor Court in connection with Dhoraiya Police Station Case No.20 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. With further condition that petitioner shall fully cooperate with the investigation and trial of the case, failing which the Courtbelow shall be at liberty to take steps for cancellation of the bailbonds of the petitioner in this case. (Birendra Kumar, J) Mkr./- U T