Saurabh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1751 of 2023 Arising Out of PS. Case No.-175 Year-2022 Thana- BARHIYA District- Lakhisarai ====================================================== SAURABH KUMAR SON OF SHRI LALIT NARAYAN SINGH R/O VILLAGE- DARIYAPUR, P.S.- BARAHIYA, DISTRICT- LAKHISARAI ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

THE SOUTH BIHAR POWER DISTRIBUTION COMPANY LIMITED BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr .Amit Kumar, Advocate For the Opposite party No. 1 :

Mr. Aditya Narayan Singh.1, APP For the Opposite party No. 2 :

Mr. Ajay Kumar Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-05-2023 Heard learned counsel for the petitioner, State and complainant.

Petitioner apprehends arrest in a case registered for the offence punishable under Section 135 of the Electricity Act.

It is a case of electricity theft.

Learned counsel for the petitioner submits that the petitioner is ready to refund the alleged amount i.e. Rs. 4,37,761/- in installments. He further submits that petitioner will refund Rs. 1,37,761/- (one lakh sixteen thousand two hundred fifty) at the time of furnishing bail-bond and rest of the amount shall be deposited in the Court below within one year in eight

Patna High Court CR. MISC. No.1751 of 2023(2) dt.08-05-2023 2/2 installments.

In that view of the matter, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, 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 the Sessions Judge, Lakhisarai in connection with Barahiya P.S. Case No. 175 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure, with further following conditions: "(i) Petitioner shall deposit Rs. 1,37,761/- at the time of furnishing bail bond.

(ii) Rest amount i.e. Rs. 3,00,000/- shall be deposited by the petitioner within one year in 8 equal installments.

(iii) If the petitioner fails to deposit the aforesaid amount within the stipulated time, the Court below shall be at liberty to cancel the bail bond of the petitioner." (Prabhat Kumar Singh, J) Alok Verma/- U T