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Patna High CourtCR. MISC./22237/2015disposed

Pramod Kumar Singh v. The State Of Bihar

2015-07-09Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22237 of 2015 Arising Out of PS.Case No. -99 Year- 2014 Thana -CHANDI District- BHOJPUR ======================================================

1. Pramod Kumar Singh son of Late Trijug Singh resident of village - Khanganv, P.S. Sadar Chauki Chandi, District - Bhojpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Rajendra Nath Sinha For the Opposite Party/s : Mr. Ashok Kumar Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 09-07-2015 Heard learned counsels for the petitioner and the State.

Petitioner is apprehending his arrest in a case registered for the offences punishable under Section 135 of the Electricity Act.

The accusation is consumption of electricity energy unauthorizedly. The loss has been calculated to the tune of Rs. 5760/- whereas there is a due of Rs. 1,12,762/-. It is submitted by learned counsel for the petitioner that arrear amount is due with regard to the joint family property and the connection is in the name of the father of the petitioner. Hence, all the heirs are liable for payment of the arrear. Moreover the assumption of loss has been calculated arbitrarily.

Learned counsel for the petitioner submits that petitioner is ready to deposit Rs. 40,000/- as against the

Patna High Court Cr.Misc. No.22237 of 2015 (2) dt.09-07-2015 2/2 arrear and the loss assessed by the authorities within a period of three months before the authorities of South Bihar Power Distribution Company Limited.

Considering the aforementioned facts, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on provisional anticipatory bail for four months on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur, Ara in connection with Chandi Sadar P.S. Case No. 99 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. The provisional anticipatory bail of the petitioner will be confirmed by learned Court below on deposit of the aforesaid amount within a period of three months. (Dinesh Kumar Singh, J) Shageer/- U T