← Library
Patna High CourtCR. MISC./47929/2014allowed

Nagendra Mishtri v. State Of Bihar And ANR

2015-03-03Mr. Justice Dharnidhar Jha2 pages

Patna High Court Cr.Misc. No.47929 of 2014 (2) dt.03-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47929 of 2014 Arising Out of PS.Case No. -464 Year- 2012 Thana -BIHTA District- PATNA ======================================================

1. Nagendra Mishtri son of Late Kailash Vishwakarma, resident of villageGokhulpur, P.S. Bihta, District Patna .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Bihar State Electricity Board, Patna .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Amar Prakash For the Opposite Party/s : Mr. Yogendra Kr.Singh(App) ====================================================== CORAM: HONOURABLE SHRI JUSTICE DHARNIDHAR JHA ORAL ORDER 03-03-2015 Heard.

The court was not initially inclined to admit the petitioner to bail but considering the provision of compounding which is available to the petitioner under the Indian Electricity Act contained in Section 135, the Court has chosen to direct the release of the above named petitioner on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of ACJM, Danapur, Patna in Bihta P.S.Case No.464 of 2012 with the condition that the petitioner shall file a petition for compounding the case and that petition shall be taken up for consideration by the court below after Holi vacation on the date to be fixed by the court below. The bond shall be accepted provisionally till that date.

Patna High Court Cr.Misc. No.47929 of 2014 (2) dt.03-03-2015 The quantum of amount alleged in the FIR is being disputed by the petitioner. The court directs the ACJM, Danapur to hear both the parties on it and pass an order on the same day it hears the parties and fix instalment amount and further permit the petitioner to deposit the amount in instalment as per the convenience of the parties. In case, the petitioner defaults in making payment of the instalment which has been fixed by the ACJM, Danapur, then the bond of the petitioner shall be cancelled and he shall be committed to the custody.

The petition stands disposed of with the above direction and observation.

(Dharnidhar Jha, J) Kanth/- U T