Patna High CourtCR. MISC./25591/2018disposed

Manish Kumar v. State Of Bihar And ANR

2018-05-04Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25591 of 2018 Arising Out of PS.Case No. -496 Year- 2017 Thana - NAWADA District- NAWADA ===================================== Manish Kumar, S/o Shree Baijnath Prasad, R/o Vill.- Prasad Bigha, P.S.- Nagar, District- Nawada.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. South Bihar Power Distribution Company Pvt. Ltd. through Managing Director.

.... .... Opposite Party/s ===================================== Appearance :

For the Petitioner/s : Mr. Sheo Kumar Prasad, Adv. For the Opposite Party/s : Mr. Suresh Prasad Singh, APP Ms. Archana Sinha, Adv.

===================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 04-05-2018 Heard learned counsels for the petitioner, Electricity Board as well as the State.

The petitioner seeks bail in anticipation of his arrest in connection with Nawada Town P.S. Case No. 496 of 2017, dated 27.07.2017, instituted for the offences punishable under Section 135 of the Indian Electricity Act, 2003.

The petitioner, who is a consumer of electricity,

Patna High Court Cr.Misc. No.25591 of 2018 (2) dt.04-05-2018 2/2 was found to be unauthorizedly consuming electrical energy. Because of the unauthorized pilfering of the electrical energy, the electrical holding company has suffered losses of Rs. 1,16,000/- and odds.

Learned counsel for the petitioner, however, has submitted that the petitioner is ready to deposit the aforesaid amount, but without prejudice to his rights and contentions later.

Regard being had to the aforesaid undertaking given by learned counsel appearing on behalf of the petitioner, the petitioner, above named, is directed to be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on his furnishing bail bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Electricity Magadh Area, Gaya in connection with Nawada Town P.S. Case No. 496 of 2017, but subject to his making payment of Rs. 1,00,000/- at the time of furnishing of his bonds. With the aforesaid observation, the present anticipatory bail petition is disposed of.

(Ashutosh Kumar, J) Praveen-II/- U T