Manbodh Yadav @ Manmod Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43673 of 2019 Arising Out of PS. Case No.-1111 Year-2018 Thana- MADHEPURA District- Madhepura ====================================================== Manbodh Yadav @ Manmod Yadav, Son of Upendra Yadav, Resident of Village - Chiknautwa, Ward No. 06, P.S.- Madhepura (Ghailadh), DistrictMadhepura ... ... Petitioner

Versus

1.

The State of Bihar 2.

North Bihar Power Distribution Company Ltd. Through its Managing Director Vidyut Bhawan, Boring Road, Patna ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr. Sharda Nand Mishra For the Opposite Party/s :

Mr. Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 09-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in connection with Madhepura (Ghailarh) P.S. Case No.1111/2018 registered for the offence punishable under Section 135 of the Electricity Act, 2003.

Petitioner is said to have run the Flour Mill by 8 H.P. motor taking illegal electric connection, causing loss of Rs.5,54,265/- to the electric department.

It is submitted by learned counsel for the petitioner that the petitioner has purchased the aforesaid 08 H.P. Motor for running the flour mill on 20.10.2018 and had applied for the

Patna High Court CR. MISC. No.43673 of 2019(2) dt.09-09-2019 2/3 electric connection for running the said mill but no connection was given to him as the illegal demand of graft made by the informant was not fulfilled by the appellant. The aforesaid charge is exorbitant. The petitioner is ready to pay the electric charges as per the actual consumption by him. The petitioner has no criminal antecedent.

On the other hand, learned APP opposed the bail prayer of the petitioner.

In the facts and circumstances of the case, let the above named petitioner be released on provisional bail for three months, in the event of his arrest or surrender before the learned court below within a period of six 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 learned C.J.M., Madhepura in connection with Madhepura (Ghailarh) P.S. Case No.1111/2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

Petitioner is directed to file representation before the Electric Department and deposit the electric bill and furnish the receipt of same in the court below within stipulated period. Electric department is directed to dispose of the matter considering the representation of the petitioner within one

Patna High Court CR. MISC. No.43673 of 2019(2) dt.09-09-2019 3/3 month of making representation by him on submitting receipt of deposit by the petitioner the learned lower court shall be at liberty to confirm the provisional bail of petitioner. Accordingly, this petition stands disposed of. (Prakash Chandra Jaiswal, J) amit/- U T