Dinesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2039 of 2021 Arising Out of PS. Case No.-28 Year-2020 Thana- CHAKAND District- Gaya ====================================================== 1.

Dinesh Singh, aged about 40 years (Male), son of Ram Khelawan Singh. 2.

Devender Singh @ Jan Singh, agwed about 50 years (Male), son of Ram Lakhan Singh.

3.

Munna Singh, aged about 38 years (Male), son of Surit Singh @ Ram Surit Singh.

4.

Dudeshar Singh, aged about 38 years (Male), son of Anugrah Singh @ Ram Anugrah Singh.

5.

Vikash Singh @ Manish Kumar, aged about 35 years (Male), son of Shambhu Singh.

All resident of Village - Rasaipur, P.S.- Chakand in the District of Gaya.

... ... Petitioners

Versus

1.

The State of Bihar 2.

The South Bihar Power Distribution Company Ltd. Through Its Chairman, Patna. Patna.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr. Braj Nandan Kumar Tiwary For the State :

Mr.Ganesh Pd. Singh, APP For the Opp. Party No.2 :

Mr. Shrekant Sharan Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 28-01-2022 Heard learned counsel for the parties through video conferencing.

This application for anticipatory bail arises out of Chakand P.S. Case No. 28 of 2020 for the offence punishable under Sections 135 of the Electricity Act.

Learned counsel for the opposite party no.2 submits that final assessment was made in the year 2020 and before making the final assessment the petitioners were given notice but they did not file their show-cause/reply and therefore, they are bound to pay the compounding amount.

Patna High Court CR. MISC. No.2039 of 2021(4) dt.28-01-2022 2/2 Considering the submission of learned counsel for the opposite party no.2, this bail application is allowed. Let the petitioners, above named, in the event of their arrest/surrender within ten weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge, Electricity, Magadh Area, Gaya, in connection with Chakand P.S. Case No. 28 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and also subject to payment of amount as pointed out by the Electricity Company in its affidavit.

The amount, in question, shall be deposited by the petitioners in the Court below within a period of six months from today in six equal installments. The bail bonds of the petitioners shall be accepted by the Court below only after they deposits the first installment and thereafter they shall be released on provisional bail and that shall be confirmed after the entire amount is deposited by the petitioners within the period, as indicated above.

(Sandeep Kumar, J) pawan/- U T