Sunil Kumar @ Sunil Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50931 of 2019 Arising Out of PS. Case No.-89 Year-2019 Thana- NARHATT District- Nawada ====================================================== SUNIL KUMAR @ SUNIL MAHTO Son of Late Shri Mahto Resident of Village/Mohalla- Kajipura, P.S- Narhat, District- Nawada, Bihar. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

South Bihar Power Distribution Company Limited. Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manish Kumar No2 For the Opposite Party/s :

Mr. Ajay Kumar Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 16-11-2019 Heard learned counsel for the petitioner and learned counsel for the O.P. No.2.

The petitioner apprehends his arrest in connection with Narhat P.S. Case No.89/2019 registered for the offences punishable under Sections 379 of the Indian Penal Code and Section 135 of the Indian Electricity Act.

Petitioner is said to have been running flour mill by taking illegal electric connection causing damage to the tune of Rs.1,69,149/- to the Electricity Department.

It is submitted by learned counsel for the petitioner that the petitioner has no concern with the aforesaid occurrence. He has never consumed electricity by taking illegal connection. Nothing incriminating has been recovered from the

Patna High Court CR. MISC. No.50931 of 2019(2) dt.16-11-2019 2/2 possession of the petitioner. However he is ready to deposit 50 percent of the loss amount in two instalments, hence, he may be enlarged on anticipatory bail.

Learned counsel for the O.P. No.2 has raised no objection in granting anticipatory bail to the petitioner subject to aforesaid deposit of money.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Electricity-Magadh Area, Gaya in connection with Narhat P.S. Case No.89/2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. with a direction to the petitioner to deposit 50 percent of the aforesaid amount in two equal installments of one month each.

(Prakash Chandra Jaiswal, J) amit/- U T