Mandeshwar Kumar Mahto v. South Bihar Power Distribution Company Limited Through Bihar State Electricity Board, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33581 of 2016 Arising Out of PS.Case No. -14 Year- 2016 Thana -KATORIA District- BANKA ====================================================== Mandeshwar Kumar Mahto, Son of Laxman Mahto, Resident of Block Campus, Katoriya, Police Station Katoriya, District Banka at present resident of Budhwatari, Police Station Katoriya, District Banka. .... .... Petitioner

Versus

South Bihar Power Distribution Company Limited, through Bihar State Electricity Board, Patna.

.... .... Opposite Party ====================================================== Appearance:

For the Petitioner : Mr. Viveka Nand Singh, Adv For the Opposite Party : Mr. Vinay Kirti Singh, GA 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 30-08-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Section 135 of the Electricity Act registered in connection with Katoria P.S. Case No. 14 of 2016.

3. It is submitted that the petitioner has been falsely implicated and as a matter of fact the electric meter stood in the name of the Block Development Officer, Katoria and the shop in question had been allotted to the petitioner's wife and a monthly amount of Rs. 100/- was being paid towards maintenance and electric charges as evident from the letter dated 02.04.2016 issued by the Block Development Officer, Katoria.

4. Having regard to the entirety of the facts and

Patna High Court Cr.Misc. No.33581 of 2016 (2) dt.30-08-2016 circumstances, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned A.C.J.M. Ist, Banka, in connection with Katoria P.S. Case No. 14 of 2016, subject to the conditions as laid down under Section 438 (2) Cr. P.C. and also subject to the following further conditions:

(i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall cooperate with the investigation and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(iii) That the petitioner will be well represented on each and every date and if he fails to do so on two consecutive dates without sufficient reason, his bail bond will be liable to be cancelled by the Court concerned.

(Vikash Jain, J) Chandran/Ibrar U T