Rajesh Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3517 of 2021 Arising Out of PS. Case No.-64 Year-2020 Thana- KHIJARSARAI District- Gaya ====================================================== Rajesh Das S/o Muktar Das R/o village- Pathak Bigha, P.S.- Khizarsarai, District- Gaya ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

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

For the Petitioner :

Mr. Gajendra Kumar Singh, Advocate For the State :

Mr. Bal Mukund Prasad Sinha, APP For the Power Company :

Mr. Kunal Tiwary, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 24-01-2022 The matter is being heard through video conferencing due to circumstances prevailing on account of Covid-19 pandemic.

Heard learned counsel appearing on behalf of the petitioner; learned counsel appearing on behalf of the State as well as learned counsel appearing on behalf of South Bihar Power Distribution Company Limited.

The petitioner apprehends his arrest in connection with Khizarsarai P.S. Case No.64 of 2020 registered for offences under Section 135 of the Indian Electricity Act. Learned counsel for the South Bihar Power Distribution Company Limited submits that he has got a letter from the Power Company about compounding amount and the same has been forwarded to learned counsel for the petitioner.

Patna High Court CR. MISC. No.3517 of 2021(5) dt.24-01-2022 2/2 Petitioner is directed to deposit the entire amount of compounding in the court below and on depositing the aforesaid amount, he shall be released on bail, in the event of his arrest or surrender within ten weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (Electricity), Magadh Area, Gaya in connection with Khizarsarai P.S. Case No.64 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. The entire amount shall be deposited by the petitioner within four weeks from today. If the petitioner does not deposit the compounding amount, this order shall be treated as recalled. In case the petitioner deposits the compounding amount, the South Bihar Power Distribution Company Limited may take a decision about withdrawal of the present criminal case in accordance with law and the guidelines.

With the aforesaid observation and direction, this application is disposed of.

(Sandeep Kumar, J) BT/- U T