Shekhar Suman @ Rajeev Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48794 of 2022 Arising Out of PS. Case No.-194 Year-2021 Thana- MAHESHKHUNT District- Khagaria ====================================================== Shekhar Suman @ Rajeev Yadav S/O Dashrath Yadav Resident of villageSirnia Tola, Pakrail, P.O.- Pakrail, P.S.- Maheshkhut, District- Khagaria, Pin 851213 ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

North Bihar Power Distribution Company through Its M.D. Patna Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rakesh Kumar For the OP No. 2 : Mr. Ajay Kumar Gautam For the Opposite Party/s :

Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-12-2022 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 135 of the Electricity Act.

As per the prosecution case, petitioner is alleged to committed theft of electricity which caused a revenue loss of Rs. 81573/- (eighty one thousand five hundred seventy three only) to the Government.

It is submitted that there is a remedy available with regard to the Settlement Committee and he may be allowed to appear before the Settlement Committee.

Patna High Court CR. MISC. No.48794 of 2022(2) dt.13-12-2022 2/2 Counsel appearing for the Electricity Department does not object and submits that the Settlement Committee shall decide the matter.

Considering the facts aforesaid and taking into consideration the provisions of the Settlement Committee which provide depositing of 25% of the claimed amount as a priority before the Settlement Committee. If the petitioner deposits the said amount, he may approach before the Settlement Committee.

In view of the aforesaid facts and circumstance, the petitioner above-named, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate Ist Class, Khagaria in connection with Maheshkhut P.S. Case No. 194 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T