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Patna High CourtCR. MISC./10081/2021disposed

Naresh Yadav @ Naresh Prasad v. The State Of Bihar

2021-12-23Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10081 of 2021 Arising Out of PS. Case No.-269 Year-2020 Thana- MAKHDUMPUR District- Jehanabad ====================================================== NARESH YADAV @ NARESH PRASAD Son of Balmiki Yadav, Resident of Village - Dautpur, P.S.- Makhdumpur (Tehta O.P), Distt.- Jehanabad. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

The Bihar State Electricity Board, Patna through South Bihar Power Distribution Company Ltd., Govt. of Bihar, Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Kumar For the Opposite Party/s :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 23-12-2021 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner apprehends his arrest in connection with Makhdumpur P.S. Case No. 269 of 2020 registered for offence punishable under section 135 of the Electricity Act. The allegation against the petitioner is that without a valid electric connection, he was running flour machine by committing electric theft and due to act of this petitioner, the Department has sustained loss of Rs.3,13,567/-. The learned counsel for the petitioner has submitted that the petitioner is ready to deposit 25% of the above mentioned amount.

Considering the above mentioned facts and

Patna High Court CR. MISC. No.10081 of 2021(2) dt.23-12-2021 2/2 circumstance, let the petitioner above named, in the event of his arrest or surrender, within four weeks from today, be released on bail provisionally on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Special Judge (Electricity), Magadh Area, Gaya in connection with Makhdumpur P.S. Case No. 269 of 2020, subject to condition as laid down under section 438(2) Cr. P.C. The bail bonds of the petitioner will be confirmed after giving receipt of payment of that amount. This deposit will be subject to the final outcome of this case. The petitioner shall also file an affidavit before the court below that he will not indulge in similar act in future.

The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.

Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey , J) Mahesh/- U T