Mukesh Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52088 of 2018 Arising Out of PS.Case No. -347 Year- 2017 Thana -RAHUI District- NALANDA (BIHARSHARIFF) ======================================================

1. Mukesh Kumar S/o Late Sita Mahto, R/o Vill.- Dihara, P.S.- Rahui, District- Nalanda at Biharsharif.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Ranjit Kumar, Assistant Electrical Engineer, Electric Supply Division, Biharsharif, Nalanda.

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

For the Petitioner/s : Mr. Ashok Kumar Jha, Advocate For the Opposite Party/s : Mr. M. Rab, APP For the Power Company : Mr. Kumar Priya Ranjan, A.S.G. Mr. Niraj Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 10-10-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 135 of the Bihar Electricity Act.

The allegation is of commission of electricity theft.

Submission of the learned counsel for the petitioner is that an old dispute of billing is going on with the electricity department, which would be evident from the documents enclosed herewith. However, the petitioner is ready to

Patna High Court Cr.Misc. No.52088 of 2018 (2) dt.10-10-2018 P2/ deposit 50% of the alleged loss amount, under protest, as condition for grant of anticipatory bail.

Let the petitioner deposit 50% of the claimed amount within three months. If the petitioner would fail to deposit the aforesaid amount that would be a ground for cancellation of bail bonds by the learned Court-below. Considering the aforesaid submission, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail with the aforesaid condition on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court-below where the case is pending in connection with Rahui Police Station Case No. 347 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Mkr./- U T