Mostake Ahmead @Md. Mustaque Ahmad @ Md. Mustaque v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30912 of 2018 Arising Out of PS. Case No.-13 Year-2018 Thana- GARAUL District- Vaishali ====================================================== Mostake Ahmead @MD. Mustaque Ahmad @ Md. Mustaque, S/o Rahman, R/o Vill. and Post- Husena Khurd, P.S.- Goraul, District- Vaishali, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yashraj Bardhan, Advocate For the Opposite Party/s :

Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 29-06-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in GoraulP.S. Case No. 13 of 2018, instituted for the offence under Section 135 of the Electricity Act.

There is allegation in the written report that petitioner was found committing electricity theft causing loss of Rs. 43,400/- of the Electricity Department.

This petition is disposed off with the direction that petitioner is directed to deposit an amount as mentioned in the written report in ten installments.

In such circumstances, the petitioner is directed to surrender before the court below in connection with Goraul P.S. Case No. 13 of 2018, to the satisfaction of the learned Additional Chief Judicial Magistrate- I, Vaishali at Hajipur,

Patna High Court Cr.Misc. No.30912 of 2018(3) dt.29-06-2018 2/3 within a period of six weeks from the date of receipt of the order, alongwith receipt showing payment of first installment of Rs. 4,500/- and in that event the court below will release the petitioner on provisional anticipatory bail for a period of ten months on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to its own satisfaction, subject to condition as laid down under Section 438(2) of the Cr.P.C. with further conditions (bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bonds of the petitioner and

(3) if the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

Thereafter, petitioner will make payment of remaining amount in nine equal installments within a period of ten months and after depositing the entire amount his provisional bail will be confirmed.

Aforesaid payment made by the petitioner shall be subject to final decision of the case.

It is made clear that in the event, petitioner fails to

Patna High Court Cr.Misc. No.30912 of 2018(3) dt.29-06-2018 3/3 deposit single installment, his bail bond will liable to be cancelled.

(Sanjay Priya, J) khushbu/- U T