Masudan Jamadar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51720 of 2022 Arising Out of PS. Case No.-193 Year-2021 Thana- BEN P.S. District- Nalanda ====================================================== MASUDAN JAMADAR S/O LATE SHYAM JAMADAR Resident of village- Mahmadpur, P.O.- Mirchaiganj, P.S.- Ben, District- Nalanda. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

PAPPU KUMAR NOT MENTION Resident of Village- Dabura, P.S.- Fisar, District- Aurangabad. Assistant Electric Engineer, Electric Supply Sub Division, Nalanda, District- Nalanda.

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

For the Petitioner/s :

Mr.Satya Ranjan Sinha For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-12-2022 Heard the parties.

Learned counsel for the petitioner undertakes to remove the defects within four weeks.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 135 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there is dispute regarding the meter reading. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application. Learned counsel for the South Bihar Power

Patna High Court CR. MISC. No.51720 of 2022(2) dt.13-12-2022 2/3 Distribution Company Limited has filed a counter affidavit in which it is stated that there is outstanding amount of dues of Rs. 1,51,907/-.

However, learned counsel for the petitioner submits that the petitioner is agreed to deposit the alleged dues amounting to Rs.1,51,907/- subject to final outcome of this case. He further submits that petitioner intends to file an appeal under the Electricity Act against the order showing outstanding dues against the petitioner.

Learned APP for the State as well as learned counsel for the SBPDCL opposes the prayer for bail.

Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on provisional bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Ben P.S. Case No. 193/2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. The learned Court below is directed to accept the bail bond of the petitioner after showing deposit of Rs.1,51,907/- in

Patna High Court CR. MISC. No.51720 of 2022(2) dt.13-12-2022 3/3 the account of SBPDCL.

The provisional bail bond of the petitioner shall be accepted by the learned Court below after filing of an appeal under the Electricity Act, as aforesaid.

(Anjani Kumar Sharan, J) ajay/- U T