Shambhu Prasad @ Shambhu Prasad Saw v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71729 of 2018 Arising Out of PS. Case No.-5 Year-2018 Thana- WARISLIGANJ District- Nawada ====================================================== Shambhu Prasad @ Shambhu Prasad Saw, son of Late Asarfi Sao, resident of Village - Baghpardiha, Post - Dumrwa, Police Station - Warsaliganj, District - Nawada.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Bihar State Electricity Board, Barisaliganj, Nawada, Bihar. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Kumar Singh For the Opposite Party/s :

Mr. Md. Sufiyan ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 19-06-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Section 135 of the Electricity Act. According to FIR, the petitioner was running an ice cream factory and was found using electricity in an unauthorized manner bypassing the electric meter. The petitioner stated on affidavit that he is neither owner of the ice cream factory nor he is a business partner, rather he was a domestic helper. This fact is admitted in the counter affidavit also.

However, the electricity company contended that since the petitioner was a private servant, he was bound to

Patna High Court CR. MISC. No.71729 of 2018(6) dt.19-06-2019 2/2 disclose the identity of the owner which he did not disclose, therefore, he is responsible.

The informant or the investigating agency did not examine any other witness of neighbourhood to get the identity of the owner and simply booked the petitioner in this case. Petitioner is in custody since 28.08.2018.

Learned counsel for the Electricity Board opposed the prayer for bail.

Considering the aforesaid facts, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Warsaliganj Police Station Case No. 05 of 2018, subject to the condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Kundan/- U T