Kameshwar Singh And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50636 of 2015 Arising Out of PS.Case No. -218 Year- 2015 Thana -NAUTAN DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Kameshwar Singh son of Vishudev Singh @ Vishundev Singh

2. Brij Kishore Patel son of Sudarshan Patel

3. Bulet Singh son of Narendra Singh

4. Santosh Singh son of Hari Narayan Singh

5. Sanjay Singh son of Laxman Singh

6. Lalbabu Patel son of Yodha Patel

7. Ramjee Singh son of Ramashish Singh All are residents of Village - Dabaria Babu Tola, Police Station - Nautan, District - West Champaran (Bettiah).

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. North Bihar Power Distribution Company through its Managing Director, Bidyut Bhawan, Bailey Road, Patna.

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

For the Petitioner/s : Mr. Lokesh Kumar Singh For the Opposite Party/s : Mr. Anil Kumar Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 14-12-2015 Heard both sides.

The petitioners apprehend arrest in a case registered for the offences punishable under sections 135 of the Indian Electricity Act and section 379 and other allied sections of the Indian Penal Code.

The petitioners, seven in number, are alleged to have committed theft of electrical energy and thereby caused loss of Rs.8090/- by petitioner no. 1 Kameshwar Singh, Rs.4600/- by petitioner no. 2 Brij Kishore Patel, Rs. 10,278/- by petitioner no. 3

Patna High Court Cr.Misc. No.50636 of 2015 (3) dt.14-12-2015 Bullet Singh, Rs. 10,248/- by petitioner no. 4 Santosh Singh, Rs.10,278/- by petitioner no. 5 Sanjay Singh, Rs.4,600/- by petitioner no. 6 Lal Babu Patel and Rs. 10,278 by petitioner no. 7 Ramjee Singh.

It is submitted that they are ready to deposit the entire amount within four weeks.

Considering the fact that the petitioners are ready to deposit the entire amount of loss said to have been caused by them by committing theft of electrical energy, they are directed to deposit the amount mentioned above against their names within four weeks and on doing so, the petitioners above named, in the event of arrest or surrender in the court below within six weeks from the date of receipt/production of a copy of this order, shall be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Sri N. P. Singh, Judicial Magistrate, 1st Class, West Champaran at Bettiah in connection with Nautan P.S. Case No. 218 of 2015 subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure, 1973. (Prabhat Kumar Jha, J) Amin/- U