Ram Pratap Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66343 of 2021 Arising Out of PS. Case No.-29 Year-2021 Thana- ALIPUR District- Gaya ====================================================== RAM PRATAP YADAV Son of Mundrika Yadav Resident of Village - Thanapur, P.s.- Alipur, Distt.- Gaya.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Assistant Electric Engineer, Electric Supply Division, Tekari, Distt.- Gaya. Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravindra Kumar Sinha For the Opposite Party/s :

Mr.Shailendra Kumar Singh Mr. Ajay Kumar Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-11-2022 Heard learned counsel for the parties.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 135 of the Electricity Act.

As per prosecution case, petitioner is alleged to have committed theft of electricity which caused a loss of Rs. 5,74,901/- (five lakhs seventy four thousand nine hundred one only) of the government revenue.

It is submitted that there is a remedy available with regard to the Settlement Committee and he may be allowed to appear before the Settlement Committee.

Counsel appearing for the Electricity Department does

Patna High Court CR. MISC. No.66343 of 2021(6) dt.24-11-2022 2/2 not object and submits that the Settlement Committee shall decide the matter.

Considering the facts aforesaid and taking into consideration the provisions of the Settlement Committee which provide depositing of 25% of the claimed amount as a priority before the Settlement Committee. If the petitioner deposits the said amount, he may approach before the Settlement Committee. In view of the aforesaid facts and circumstance, the petitioner above-named, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Electricity, Magadh Division, Gaya in connection with Alipur P.S. Case No. 29 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) BKS/- U T