Patna High CourtCR. MISC./30512/2014bail granted

Naresh Malakar v. The State Of Bihar

2015-01-14Mr. Justice Jyoti Saran2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30512 of 2014 Arising Out of PS.Case No. -144 Year- 2008 Thana -SONO District- JAMUI ====================================================== Naresh Malakar, son of Late Shaligram Malakar, resident of Village- Sono, P.S. Sono, District- Jamui.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Praveen Kumar For the Opposite Party/s : Mr. U.L.Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 14-01-2015 Heard the parties.

The petitioner apprehends his arrest in connection with Sono P.S. Case No.144 of 2008 registered for the offences punishable under sections 135, 142, 39 and 47 of the Electricity Act, 2003 and section 379/34 of the Indian Penal Code. The allegation against the petitioner is that he happens to be the landlord of the premise which housed a dental clinic run by one Dr. Pankaj Kumar Jha, who was found drawing electricity by unauthorized means causing revenue loss of Rs.36,000/-.

Mr. Praveen Kumar, learned counsel appearing for the petitioner has submitted that admittedly the authorities have found the illegality allegedly in the dental clinic run by Dr. Pankaj Kumar Jha and not the petitioner and that it is only on the

Patna High Court Cr.Misc. No.30512 of 2014 (2) dt.14-01-2015 basis of the evidence collected during the investigation that the name of the petitioner has transpired as being landlord of the house.

Having heard learned counsel for the petitioner and considering the nature of allegation let the petitioner, namely, Naresh Malakar in the event of his arrest or surrender within four weeks from today be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri S.C. Kumar, Judicial Magistrate, 1st Class, Jamui and/or the concerned court in connection with Sono P.S. Case No.144 of 2008 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

(Jyoti Saran, J) SKPathak/- U T