Saroj Tiwari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.576 of 2017 Arising Out of PS.Case No. -228 Year- 2016 Thana -NOKHA District- SASARAM (ROHTAS) ====================================================== Saroj Tiwari son of late Haribansh Tiwari, permanent resident of village Shitalpur, Police Station Nokha, Dist. Rohtas, presently residing at Mohalla Anand Nagar Town & Police Station Bikramganj, District Rohtas .... .... Petitioner/s
Versus
1. The State of Bihar
2. South Bihar Power Distribution company Ltd. through its M.D. Vidyut Bhawan, Patna .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Raghunandan Kumar Singh, Advocate For the Opposite Party/s : Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-01-2017 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered under Section 135 of the Bihar Electricity Act. Allegation is that the petitioner caused revenue loss of Rs.76840/- to the Electricity Board by using illegal electrical energy.
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 due to mistake of fact. It is further submitted that the petitioner is ready to deposit an amount of Rs.40,000/- in the court below, which
Patna High Court Cr.Misc. No.576 of 2017 (2) dt.11-01-2017 2/2 shall be subject to final disposal of the case. On behalf of the State, it is 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 an amount of Rs.40,000/- in the court below, which shall be subject to final disposal of the case and on doing so, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six 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 learned Additional Chief Judicial Magistrate, Rohtas at Sasaram in connection with Nokha P.S. case No.228 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) Narendra/- U T