Akhilesh Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12105 of 2016 Arising Out of PS.Case No. -5 Year- 2016 Thana -COACH District- GAYA ======================================================

1. Akhilesh Singh Son of Late Bakhora Singh, resident of village- Baali, P.s.- Konch, District- Gaya .... .... Petitioner/s

Versus

1. The State of Bihar

2. The South Bihar Power Distribution Company Limited through its Managing Director, Bihar, Patna .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manish Kumar No-2 For the Opposite Party/s : Mr. Nirmala Kumari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 17-03-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Konch P.S. Case No. 05 of 2016 registered under Section 135 of the Electricity Act, 2003.

It has been contended that the entire allegations made in the FIR as against the petitioner are false and the FIR has been instituted with oblique motive. Even the inspection-cumseizure report prepared by the members of the raiding party would indicate that the motor said to be installed in the flour mill of the petitioner was not seized.

On the other hand, learned counsel for the State has

Patna High Court Cr.Misc. No.12105 of 2016 (2) dt.17-03-2016 2/2 contended that it is a case in which the petitioner is alleged to have availed electricity through PVC wire without service connection and the seizure list would demonstrate that 12 ft. PVC wire was seized from the place of occurrence. Be that as it may, since the offence is of electricity theft, I am not inclined to grant pre-arrest bail to the petitioner. Accordingly, the application for pre-arrest bail is rejected. (Ashwani Kumar Singh, J) Pradeep/- U T