Pritam Sharma v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13728 of 2018 Arising Out of PS. Case No.-145 Year-2017 Thana- JAGDIHSPUR District- Bhojpur ====================================================== Pritam Sharma, S/o Narain Sharma, Village-Dulhinganj, Bazar, P.S.- Jagdishpur, District-Bhojpur. ... ... Petitioner/s

Versus

1. The State of Bihar

2. South Bihar Power Distribution Company Ltd., Junior Engineer, Electric Supply, Jagdishpur, Bhojpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Singh For the O.P. No.2 Mr. Shrekant Sharan Singh For the Opposite Party/s :

Mr. Sri Ramchandra Sahani ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 05-04-2018 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner is apprehending arrest in connection with Jagdishpur P.S. Case No. 145 of 2017 for the offence under section 135 of the Bihar Electricity Act.

Learned counsel for the petitioner submits that petitioner has got no criminal antecedent.

Learned counsel for the petitioner submits that on 4.6.2017 Junior Engineer(Supply) Section, Jagdishpur raided the premises of the petitioner and then he fixed accountability of loss of approximately Rs. 1,93,780/-.

The prosecution case is that electricity connection was disconnected on 23.9.2016 on account of non-payment of bill of Rs. 9833/- .

Learned counsel for the O.P. confronted with the

Patna High Court Cr.Misc. No.13728 of 2018(2) dt.05-04-2018 2/2 aforesaid situation that before the due date how the Electricity Board is claiming that they have disconnected the line of the petitioner on 23.9.2016 before the due date 29.10.2016 and the other anomaly which has not been explained by the counsel of power holding company.

Under the aforesaid, let the petitioner, named above, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, 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, Bhojpur at Ara , in connection with Jagdishpur P.S. Case No. 145 of 2017 on the condition that the petitioner will keep on making payment of electricity dues except the disputed amount as raised by the electricity board as the counsel for the petitioner submits that electricity connection is still continuing and petitioner is paying bill continuously, other condition as enumerated under section 438(2) of the Cr.P.C.will apply in this case.

(Anil Kumar Upadhyay, J) Ravi/- U T