Bishundeo Mandal @ Bishnudeo Mandal v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30399 of 2015 Arising Out of PS.Case No. -142 Year- 2012 Thana -SABAUR District- BHAGALPUR ====================================================== Bishundeo Mandal @ Bishnudeo Mandal, son of Late Chhotelal Mandal, resident of Village-Mamalkha, P.S. Sabour, District-Bhagalpur. .... .... Petitioner/s

Versus

1. State of Bihar

2. Assistant Electric Engineer, Bihar Supply Sub-division, Aliganj, Bhagalpur .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhananjay Kumar Gupta, Advocate For the Opposite Party/s : Mr. Md.Ansarul Haque (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 07-08-2015 Heard learned counsel for the petitioner and the learned counsel for the State as well as the learned counsel for South Bihar Power Distribution Company Limited. The petitioner is apprehending his arrest in connection with Sabour P.S. Case No.142 of 2012 for allegedly having committed the offence under Section 135 of the Electricity Act.

Learned counsel for the petitioner submits that though the petitioner has been accused of electricity theft, no incriminating material was recovered from his premises. Learned counsel for the petitioner submits that the petitioner has already deposited Rs.25,000/- and an amount of Rs.28,290/- is yet to be paid, which he is willing to pay in equal

Patna High Court Cr.Misc. No.30399 of 2015 (2) dt.07-08-2015 2/2 instalments.

Learned counsel for the South Bihar Power Distribution Company Limited submits that in the event the petitioner is voluntarily making the payment, he has no objection if the petitioner is extended the benefit of anticipatory bail.

Considering the fair stand taken by the parties, 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 Chief Judicial Magistrate, Bhagalpur, in connection with Sabour P.S. Case No.142 of 2012, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) PNM U T