Md. Shahabuddin v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33429 of 2016 Arising Out of PS.Case No. -234 Year- 2014 Thana -MADHUBANI TOWN DistrictMADHUBANI ======================================================

1. Md. Shahabuddin son of Nazruddin, Resident of Mohalla- Singhiniya Chowk Bhauwara, Police Station- Madhubani, District- Madhubani. .... .... Petitioner/s

Versus

1. The State of Bihar

2. North Bihar Power Distribution Co. Ltd.

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

For the Petitioner/s : Mr. Md. Harun Quareshi For the Opposite Party/s : Mr. Yogendra Kumar Singh (App) For the O.P. No.2 Mr. Ratan Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 20-08-2016 Heard learned counsel for the petitioner as well as learned counsel for the State.

In this application for anticipatory bail the petitioner apprehends his arrest for the offence punishable under section 135 of the Indian Electricity Act.

Allegedly, the petitioner was found consuming electrical energy stealthily by connecting another electrical wire with the L.T. line and thereby has caused loss of Rs. 89,500/- to the North Bihar Power Distribution Company Limited, though the petitioner has got commercial electric connection having 2 Kilo

Patna High Court Cr.Misc. No.33429 of 2016 (2) dt.20-08-2016 2/3 Watt load.

Submission is of false implication and that the petitioner has been made victim of the circumstances, he is ready to deposit the loss amount in six equal installments in three month though he does not admit that he was consuming electrical energy stealthily.

The learned A.P.P. fairly submits that if the petitioner deposits the loss amount he may be granted pre-arrest bail conditionally.

In the facts and circumstances as stated above, if the petitioner deposits first installment within fifteen days from the date of receipt/production of a copy of this order and surrenders in the court below then he shall be released on temporary bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of. C.J.M. Madhubani in Madhubani Town P.S. Case No. 234 of 2014, subject to the conditions as laid down in section 438 (2) of the Cr.P.C. and further he will deposit another installment within fifteen days and accordingly he will deposit the total loss amount of Rs. 89,500/- in six installments in three months then his temporary bail shall be confirmed by the learned court below itself. The deposits so made will be subject to the result of the

Patna High Court Cr.Misc. No.33429 of 2016 (2) dt.20-08-2016 3/3 case.

Accordingly, this Criminal Miscellaneous is hereby disposed of.

(Jitendra Mohan Sharma, J) Abhay/- U T