Pramod Kumar Mandal @ Pramod Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 50470 of 2018 Arising Out of PS. Case No.-40 Year-2018 Thana- Goraul District- Vaishali ====================================================== Pramod Kumar Mandal @ Pramod Kumar S/o Late Ramchandra Sah, R/o Vill.- Enayatnagar, P.S.- Goraul, District- Vaishali. ... ... Petitioner

Versus

1. The State of Bihar.

2. The North Bihar Power Distribution Company Ltd. through its Managing Director, Vidut Bhawan, Baily Road, Patna.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr. Kaushal Kishor For the State :

Mr. Pradeep Narain Kumar For the N.B.P.D.Co.Ltd. :

Mr. Padma Deo Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

20-08-2018 Heard Sri Kaushal Kishor, learned counsel for the petitioner, Sri Pradip Narain Kumar, learned Addl. Public Prosecutor as well as Sri Padma Deo Narayan, learned counsel, who has appeared on behalf of opposite party no. 2/North Bihar Power Distribution Co. Ltd.

The sole petitioner, who is in custody since 21-05-2018 in Goraul P.S. Case No. 40 of 2018 registered for offence under Section 135 of the Electricity Act, has prayed for grant of bail.

It was submitted by learned counsel for the petitioner that petitioner is having clean antecedent, which fact has been stated in paragraph - 3 of the petition. It has also been argued

Patna High Court Cr.Misc. No.50470 of 2018(2) dt.20-08-2018 2/2 that incorrectly the petitioner has been made accused, as if, he was consuming electricity by using Vksdk (toka). Sri Padma Deo Narayan, learned counsel for the opposite party no. 2/North Bihar Power Distribution Co.Ltd. submits that due to act of omission or commission, the company has suffered a loss to the tune of Rs. 1,49,876/- (one lac forty nine thousand eight hundred & seventy six).

Be that as it may, the same amount can be realized by opposite party no. 2 in accordance of law.

So far as the prayer for bail is concerned, considering the period of custody, let the petitioner namely Pramod Kumar Mandal @ Pramod Kumar be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Goraul P.S. Case No. 40 of 2018.

(Rakesh Kumar, J.) anay U T