Patna High CourtCR. MISC./55902/2019bail rejected

Gopal Mahato v. The State Of Bihar

2019-09-04Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55902 of 2019 Arising Out of PS. Case No.-174 Year-2014 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== GOPAL MAHATO S/o Kameshwar Mahato R/o village- Amri, P.S.- Sasaram (Muffasil), District- Rohtas at Sasaram ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Babu Nandan Prasad For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 04-09-2019 Heard leaned counsel for the petitioner and the leaned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Sasaram (Muffasil) P.S. Case No. 174 of 2014, registered under Section 135 of the Bihar Electricity Act, pending in the court of the Chief Judicial Magistrate, Rohtas at Sasaram. The accusation is of committing theft of electric power by the petitioner by putting hook in L.T. Line causing loss to the electricity department to the tune of Rs. 1, 87, 379/-. Learned counsel appearing on behalf of the petitioner submits that it would appear from the F.I.R. that fardbeyan of the informant was recorded on 24.02.2014, but the F.I.R. was lodged on 25.02.2014. The offence as alleged in the F.I.R. is compoundable under Section 152 of the Electricity

Patna High Court CR. MISC. No.55902 of 2019(2) dt.04-09-2019 2/2 Act, 2003.

Having considered the facts and circumstances of the case and the nature of allegation against the petitioner and the fact that the offence as alleged in the F.I.R. is compoundable under Section 152 of the Electricity Act, 2003, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for grant of anticipatory bail stands rejected. The petitioner is directed to surrender before the trial Court within four weeks and pray for regular bail, which would be considered by the trial Court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) manish/- U T