Ramchandra Yadav @ Chandradeo Yadav v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21267 of 2017 Arising Out of PS.Case No. -198 Year- 2016 Thana -CHANDAUTI District- GAYA ====================================================== Ramchandra Yadav @ Chandradeo Yadav, S/o Bhui Yadav, R/o VillChirayian Tand, P.S.- Chandauti, Dist- Gaya. .... .... Petitioner

Versus

1. The State of Bihar. null null

2. Bihar State Electricity Board, South Bihar Power Distribution Co. Ltd. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar Yadav For the Opposite Party/s : Mr. Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-05-2017 Heard learned counsel for the petitioner, learned counsel for the Opposite Party and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Chandauti P.S. Case No. 198 of 2016 for the offence instituted under Section 135 of the Electricity Act. The allegation against the petitioner is that he was found using agriculture electric pump through toka from L.T. line, causing revenue loss of Rs. 44, 163/- to the South Bihar Power Distribution Company.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. It has

Patna High Court Cr.Misc. No.21267 of 2017 (2) dt.22-05-2017 2/2 further been submitted on behalf of the petitioner that the petitioner is ready to deposit 50% of the total amount in question i.e. Rs. 22,000/- in the court below, which shall be subject to the final disposal of the case.

On behalf of the State and the counsel for the Opposite Party, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner shall deposit 50% of the total amount in question i.e. Rs. 22,000/- (Twenty two thousand) in the court below, which shall be subject to final disposal of the case and on doing so, let the petitioner above named be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Chandauti P.S. Case No. 198 of 2016 on furnishing bail bond 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, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Amit/- U T