Shyam Sunder Sharma v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.37931 of 2018 Arising Out of PS.Case No. -218 Year- 2015 Thana -TEKARI District- GAYA ====================================================== Shyam Sunder Sharma S/o Late Baijnath Sharma, R/o Vill.- Sarwahda, P.S.- Konch, District- Gaya.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. The South Bihar Power Distribution Company Ltd. through its Managing Director, Bihar, Patna.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Gajendra Kumar Singh For the Opposite Party/s : Mr. Sri Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 05-07-2018 Heard learned counsel for the petitioner and learned counsel for the South Bihar Power Distribution Company Limited.
The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 135 of the Indian Electricity Act.
The accusation is of unauthorized and illegal consumption of electricity by Aircel G.S.M. Services Limited situated at Tekari.
It is submitted by learned counsel for the
Patna High Court Cr.Misc. No.37931 of 2018 (2) dt.05-07-2018 petitioner that the petitioner is the guard of the Aircel Mobile tower and the accusation alleged is of unauthorised consumption of electricity. The loss of the company has been calculated to the tune of Rs.2,64,406/-. A statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.
It is submitted by learned counsel for the South Bihar Power Distribution Company Limited that the Aircel Mobile Company has consumed the electrical energy in an unauthorized manner, but this fact has also not been disputed that the petitioner is simply a guard of the said mobile tower and the loss of the calculated amount has to be realized from the Aircel Mobile Company which has installed the tower. Considering the aforesaid facts coupled with the statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (Electricity), Magadh Area, Gaya in connection with Tekari P.S. Case No. 218
Patna High Court Cr.Misc. No.37931 of 2018 (2) dt.05-07-2018 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) DKS/- U T