Prem Rawat v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20250 of 2015 Arising Out of PS.Case No. -229 Year- 2013 Thana -KHAIRA District- JAMUI ====================================================== Prem Rawat, S/o Late Sahdev Rawat, Resident of Village - Bhor. Police Station - Khaira, District - Jamui .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Shankar Kumar, Junior Engineer, Electricity Department,(Block Khaira), District- Jamui (Rural).

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

For the Petitioner : Mr. Ajay Mishra, Advocate For the S t a t e : Mr. Parmanand Prasad (APP) For the SBPHCL : Mr. Vinay Kirti Singh, Advocate Mr. Vijay Kumar Verma, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 24-09-2015 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the South Bihar Power Holding Company Limited-O.P. No.2 herein.

The petitioner is apprehending his arrest in connection with Khaira P.S. Case No.229 of 2013 for allegedly having committed the offence under Section 135 of the Electricity Act.

The allegation against the petitioner is that he has been found to be guilty for theft of electricity and a sum of Rs.95,922/- is to be recovered from him.

Learned counsel for the South Bihar Power Holding Company Ltd. has filed a counter affidavit.

Patna High Court Cr.Misc. No.20250 of 2015 (3) dt.24-09-2015 2/2 Considering the nature of allegations and as agreed upon by the parties, let the petitioner deposit an amount of Rs.32,000/- (Thirty two thousand) by way of first instalment of the alleged amount within a period of four weeks from today. In case the petitioner so deposits the amount, as agreed upon by him, let the petitioner, above named, in the event, of his arrest or surrender before the court below within a period of three weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Jamui, in connection with Khaira P.S. Case No.

229 of 2013, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. It is further directed that the rest amount, as alleged in the F.I.R., shall be deposited by the petitioner within a period of six months from the date of deposit of the first instalment, failing which it shall be open to Opposite Party No.2 to take appropriate legal recourse.

(Anjana Mishra, J) PNM U T