Nirmal Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16508 of 2015 Arising Out of P.S. Case No. -558 Year- 2014 Thana -BUXAR District- BUXAR ====================================================== Nirmal Kumar, son of Ram Singhasan Prasad, Resident of village - Chhumantar Gali, Piparpanti Road, Buxar, P.S. Buxar (Town), District - Buxar.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Abhishek Kumar Singh (Assistant Electric Engineer, Buxar), resident of Village - Bakwan, P.S. - Bansdih, District - Balia (U.P.). .... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr. M. Dayal (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 01-05-2015 Heard both sides.

The petitioner apprehends his arrest in a case under Section 135 of the Electricity Act.

The informant alleged that the establishment of the petitioner was raided and the petitioner was found committing theft of 8 HP electrical energy for running a cloth factory and thereby caused loss of Rs. 3,86,920.00 to South Bihar Power Distribution Company. It is submitted that the petitioner applied for electric connection of 5 KW for running a tailoring school but he did not get the connection and nothing was recovered from the possession of the petitioner. No seizure list was handed over to the petitioner. Learned counsel for the petitioner submits that the petitioner is ready to deposit the entire amount in three equal

Patna High Court Cr.Misc. No.16508 of 2015 (2) dt.01-05-2015 2/2 installments.

Considering the facts aforesaid, the above named petitioner, in the event of his arrest or surrender in the court below within four weeks from today, is directed to be enlarged 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 Chief Judicial Magistrate, Buxar in Buxar (Town) P.S. Case No. 558 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C. The petitioner shall deposit the first installment of Rs. 1,50,000/- within ten days from his release and within two months thereafter the petitioner shall deposit the remaining amount in two equal installments. If the petitioner fails to deposit any installment, the bail bond of the petitioner shall be cancelled. (Prabhat Kumar Jha, J) Dilip/- U T