Santosh Kumar Verma @ Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10728 of 2021 Arising Out of PS. Case No.-58 Year-2020 Thana- RISIYAP District- Aurangabad ====================================================== SANTOSH KUMAR VERMA @ SANTOSH KUMAR Son of Sineshwar Verma @ Suneshwar Prasad Resident of Village - Dudhar, P.S. - Risiup, District - Aurangabad.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Nishant Kumar, Assistant Electrical Engineer cum Acquiring Officer Electric Supply Dub Divishon Aurangabad.

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

For the Petitioner/s :

Mr.Bindeshwar Prasad Singh For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 06-01-2022 Heard the learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Risiup P.S. Case No. 58/2020 instituted for the offence under Section 135 of the Electricity Act.

The petitioner is alleged to have consumed electricity worth Rs. 3,60,145/- in an unauthorized manner. The learned counsel for the petitioner has submitted that he had applied for the electric connection sometimes before but he was being demanded money for

Patna High Court CR. MISC. No.10728 of 2021(3) dt.06-01-2022 2/3 giving electric connection.

Be that as it may, the petitioner is ready to pay Rs. One Lakh, subject to his rights and contentions later and to continue with uninterrupted electric connection for which he shall make a necessary representation before the authorities.

In view of the aforesaid submission made on behalf of the petitioner, this Court deems it appropriate to direct that in the event of the petitioner presenting a proof of having paid Rs. One Lakh, subject to his rights and contentions later, before the concerned authority of Electricity Department, he shall be released on bail in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (Electricity), Magadh Area, Gaya, in connection with Risiup P.S. Case No. 58/2020, subject to the condition laid down under Section 438 (2) of the Code of Criminal

Patna High Court CR. MISC. No.10728 of 2021(3) dt.06-01-2022 3/3 Procedure.

However, this order shall not be construed as composition of the offence. The deposit of money is only subject to the rights and contentions of the petitioner later, which shall be decided after investigation.

(Ashutosh Kumar, J) sunilkumar/- U T