Binod Kumar Gupta v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30368 of 2015 Arising Out of PS.Case No. -259 Year- 2013 Thana -CIVIL LINE District- GAYA ======================================================

1. Binod Kumar Gupta S/o Late Gupteshwar Prasad Gupta, Resident of Mohalla Gudar Pandey Lane, Manpur, P.S. Buniadganj, District Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The South Bihar Power Distribution Company Ltd., through its Managing Director, Vidhyut Bhawan, Bailey Road, Patna. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ramashish, Advocate. For the Opposite Party/s : Mr. Md.Sufiyan(App) ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE ORAL ORDER 20-08-2015 This is an application, made under Section 438 of the Code of Criminal Procedure, seeking pre-arrest bail by the petitioner, namely, Binod Kumar Gupta, in connection with Civil Lines Police Station Case No. 259 of 2013, corresponding to Trial No. 427 of 2014, under Sections 135 of the Electricity Act. Perused the above application and materials on record including a copy of the order, dated 23.05.2014, passed, in A.B.P. No. 22 of 2014, by the learned Special Court, Electricity, Gaya, dismissing the said application for pre-arrest bail. Heard Mr. Ramashish, learned Counsel for the petitioner, and Md. Sufiyan, learned Additional Public Prosecutor, appearing on behalf of the State.

Patna High Court Cr.Misc. No.30368 of 2015 (3) dt.21-08-2015 2/2 It is submitted on behalf of the accused-petitioner that accused-petitioner will surrender in the Court of the learned Special Judge, Electricity, Magadh Range, Gaya, and would apply for bail and, hence, this application may be allowed to be withdrawn.

In view of the submissions made above, while disposing of this application as withdrawn, it is hereby, in the interest of justice, made clear that if the accused-petitioner applies for bail, on his appearance in the learned Court below, it would remain open to the learned Court below to consider his application for bail in the light of the law contained in this regard. It is also made clear that since charge sheet has already been filed against the petitioner, he shall be, cordially, allowed to go on bail unless there is apprehension of his abscondence or his not appearing in the learned Court below at the time of trial.

(I.A. Ansari, ACJ.) Mkr./- U T