Hari Narayan Rai v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22910 of 2015 Arising Out of PS.Case No. -388 Year- 2014 Thana -HAJIPUR SADAR DistrictVAISHALI(HAJIPUR) ======================================================

1. Hari Narayan Rai son of Late Jagat Rai resident of Village- Navrangabad, Police Station- Hajipur Sadar, in the District of Vaishali. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar For the Opposite Party/s : Mr. Gajendra Pd.Yadav(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 09-07-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with Hajipur Sadar P.S. Case No. 388 of 2014 registered for the offence under Section-235 of the Electricity Act and Section-379 of the Indian Penal Code.

The accusation against the petitioner is that he was found illegally consuming electric energy, causing loss to the Electricity Department to the tune of Rs. 1,38,161/- but contention on behalf of the petitioner is that the aforesaid case was lodged on 11-08-2014 and much prior to the aforesaid case, i.e. 18-01-2014, the petitioner had given a complaint petition to the District

Patna High Court Cr.Misc. No.22910 of 2015 (2) dt.09-07-2015 2/2 Magistrate, Vaishali at Hajipur, making complain against the official of Electricity Department as the Electricity Department had sent exaggerated bill to the petitioner and thereafter, the bill of the petitioner was corrected and on 18-02-2015, the petitioner deposited Rs. 15,374/- with Electricity Department and being annoyed by the above-said complain, the officials of the Electricity Department lodged this false case. To fortify the above-said contention, learned counsel for the petitioner drew my attention towards Annexure-2 and Annexure-3 to the petition.

Considering the aforesaid facts and circumstances as well as submission of the parties, let the petitioner named above, in the event of his arrest or surrender within four weeks from the date of receipt/production of copy of order in the court below, be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Hajipur Sadar P.S. Case No. 388 of 2014 to the satisfaction of Chief Judicial Magistrate, Hajipur subject to conditions as laid down u/S 438(2) of the Cr. P.C. (Hemant Kumar Srivastava, J) A.K.V./- U T