Gourav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62841 of 2021 Arising Out of PS. Case No.-281 Year-2020 Thana- NAWADA MUFFASIL District- Nawada ====================================================== GOURAV KUMAR Son of Alakhdeo Singh Resident of Village - Bharosa, P.S.- Muffasil, Distt.- Nawada. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sheo Kumar Prasad For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-05-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Nawada Muffasil P.S. Case No. 281 of 2020 instituted for the offence under Section 135 of the Electricity Act, 2003.

As per allegation in the FIR, at the time of raiding by the officials of electricity department, petitioner was present at his betel shop where there was no valid connection of electricity. He was using electricity of 800 Watt without any valid document by which a loss of Rs. 78979/- occurred to the Electricity Department according to his calculation.

It is submitted by learned counsel for the petitioner that petitioner has opened his shop just before 15 days ago and he has given an application to the Electric Department for new connection which is pending. He has further submitted that he is ready to pay 50% (Rs. 40,000/-) of the calculated amount which is shown as due

Patna High Court CR. MISC. No.62841 of 2021(2) dt.19-05-2022 2/2 against him by the Electricity Department.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the submissions made on behalf of the petitioner, this Court is inclined to enlarge him on bail. The petitioner, above named, in the event of his arrest or surrender before learned Court below within a period of four weeks from today, shall be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Special Judge (Electricity) Magadh Area, Gaya in connection with Nawada Muffasil P.S. Case No. 281 of 2020, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

The bail bonds of the petitioner shall be accepted by the learned court below on showing receipt of deposit of Rs. 40,000/- (Rs. Fourty Thousand only) by the petitioner to the Electricity Department.

(Sunil Kumar Panwar, J) sushma/- U