Dharmveer Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49181 of 2019 Arising Out of PS. Case No.-83 Year-2019 Thana- BEN P.S. District- Nalanda ====================================================== DHARMVEER KUMAR, aged about 24 years, Male, Son of Arvind Kumar Singh, Resident of Village - Ben, P.S.- Ben, Dist.- Nalanda. ... ... Petitioner

Versus

1.

The State of Bihar 2.

Bihar State Electricity Board through the Assistant Electrical Engineer, Electric Supply Division, Nalanda. Bihar.

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

For the Petitioner/s :

Mr. Anil Kumar Singh, Advocate For the Opposite Party/s :

Dr. Indiwar Kumari, APP For the O.P. No.2 :

Mr. Shrikant Sharan Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 06-08-2019 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the Bihar State Electricity Board.

In this case, the petitioner is seeking anticipatory bail in connection with Ben P.S. Case No. 83 of 2019, registered for the offence under Section 135 of the Electricity Act, 2003. Learned counsel for the petitioner submits that the allegation of tampering with the electric meter is completely wrong. He further submits that the petitioner is ready to deposit 25% of the demanded amount.

Looking to the entire facts and circumstances of the case, let the above-named petitioner be released on provisional bail in the event of his arrest or surrender before the learned

Patna High Court CR. MISC. No.49181 of 2019(2) dt.06-08-2019 2/2 Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, VI, Nalanda at Biharsharif, in connection with Ben P.S. Case no. 83 of 2019, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

This is also subject to the condition that the petitioner shall deposit 25% of the demanded amount within a period of two months from today in two equal installments and the authority of the Electricity Board will ensure the proper testing of the electric meter with regard to claim of the petitioner that there is no tampering with the electric meter and accordingly, the authroity will take decision in accordance with law. If the petitioner deposits the amount, as has been stated hereinabove, within the aforesaid period of two months, then his provisional bail will be confirmed otherwise the relief granted to the petitioner shall be treated to have been withdrawn.

(Shivaji Pandey, J) pawan/- U T