Satya Narayan Bagla @ Satya Narayan Ji Bagla v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48764 of 2022 Arising Out of PS. Case No.-131 Year-2019 Thana- CHANDAN District- Banka ====================================================== SATYA NARAYAN BAGLA @ SATYA NARAYAN JI BAGLA SON OF LATE PRUSHOTAM DASS BAGLA R/O 303 A, GUPTA NIWAS, PALM ENCLAVE COMPOUND, P.S.- BELTOLA, TINIALI KAMRUP METRO, DISTRICT- GUWAHATI, ASSAM-781028 ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
THE SOUTH BIHAR POWER DISTRIBUTION COMPANY LTD. THROUGH ITS MANAGING DIRECTOR, VIDYUT BHAWAN, BAILEY ROAD, PATNA , BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar @ S.K., Adv.
For the Opposite Party/s :
Mr.Raj Kishor Singh, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-12-2022 Heard learned counsel for the petitioner, learned counsel South Bihar Power Distribution Company Ltd. and learned Additional Public Prosecutor for the State.
Learned counsel for the petitioner is directed to remove the defects within four weeks.
Petitioner apprehends his arrest in a case registered for offence punishable u/s 341, 323, 353, 504, 506, 34 of IPC and u/s 135 of Electricity Act.
Allegedly, the informant formed a raiding party and thereafter conducted an inspection/raid at the industrial premises of Assam Dharmashala. During the course of inspection, the
Patna High Court CR. MISC. No.48764 of 2022(2) dt.12-12-2022 2/3 informant found that one Tilam Chand Sewag has electricity connection as consumer no. 2351022179780 for use of 02 KW but, in fact, 9 KW of electricity was being used bypassing electricity meter. Subsequently, the informant assessed a loss of Rs. 2,87,064/- suffered by the Electricity department. It is further alleged that when the informant requested for taking electricity connection as per electricity load, the petitioners committed mar-pit with the raiding team.
It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. Petitioner has been made accused by the informant only to take illegal gratification and due to denial of the same, the instant case has been lodged. There is general and omnibus allegation against the petitioner. As a matter of fact that the informant kept illegal demand before petitioner for use of electricity and when the petitioner refused to fulfill the illegal demand, the informant implicated them in this false case. Petitioner has no criminal antecedent. Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since there is no specific allegation against the petitioner, let the
Patna High Court CR. MISC. No.48764 of 2022(2) dt.12-12-2022 3/3 above named petitioner, be released on bail, 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. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Chandan P.S. Case No.131 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T