Md. Naushad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11503 of 2015 Arising Out of PS.Case No. -466 Year- 2013 Thana -BEGUSARAI MUFFASIL DistrictBEGUSARAI ====================================================== Md. Naushad .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Randhir Kumar No-1 For the N.B.P.D.C. Ltd. : Mr. Vijay Kumar Verma, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 23-03-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Section 379 of the Indian Penal Code and Section 135 of the Indian Electricity Act. The accusation is of consumption of electricity energy unauthorisedly even after disconnection in the year 1999 due to non-payment of dues of `26,081/-. The total loss calculated to the tune of `2,47,943/-.
Learned counsel for the petitioner submits that the petitioner is ready to deposit the arrears of energy charge of `26,081/- and 50% of calculated loss amount within a period of three months.
Considering the present stand of the petitioner, let the above named petitioner be released on provisional anticipatory bail for three months, in the event of arrest or surrender before the
Patna High Court Cr.Misc. No.11503 of 2015 (2) dt.23-03-2015 2/2 learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Begusarai in connection with Muffasil (Singhoul O.P.) P.S. Case No. 466 of 2013, subject to the conditions as laid down under Section 438(2) Cr.P.C.
On deposit of energy charges as well 50% of calculated loss amount as mentioned above, the provisional bail of the petitioner will be confirmed by the learned court below. The aforesaid payment will be subject to any order passed in assessment or compounding proceeding. (Dinesh Kumar Singh, J) Amrendra/- U T