Hira Lal Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80490 of 2023 Arising Out of PS. Case No.-328 Year-2023 Thana- NAWANAGAR District- Buxar ====================================================== HIRA LAL SAH SON OF LATE KEDAR SAH RESIDENT OF VILLAGEDHAPACHHUHA, PS- NAWANAGAR, DIST- BUXAR ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

RAKESH KUMAR DUBEY S/O SHEOMUNI DUBAY, ASSISTANT ELECTRIC ENGINEER-CUM-INDENTIFICATION OFFICER NAVANAGAR P.S- NAVANAGAR, DISTT.- BUXAR.

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

For the Petitioner/s :

Mr. Anand Kumar Ojha, Advocate For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP For SBPD ltd :

Dr. Anand Kumar , Advocate Rajan Prakash, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-04-2024 Heard learned counsel for the parties.

2. Petitioner apprehends arrest in a case registered for the offence punishable under section 135 Electricity Act. of the Indian Penal Code .

3. It is a case of electricity theft and petitioner is alleged to have caused revenue loss of Rs. 1,94,000/- to the South Bihar Power Distribution Company Ltd.

4. After some argument, learned counsel for the petitioner submits that he is ready to pay the alleged amount of

Patna High Court CR. MISC. No.80490 of 2023(4) dt.09-04-2024 2/3 Rs. 1,94,000/- (One Lakh Ninety Four Thousand ) in installments in the Court below .

5. Considering the aforesaid contention made on behalf of the petitioner, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, 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 CJM, Buxar in connection with Nawanagar P. S. Case No. 328 of 2023 , subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure with direction to the petitioner that :- (i) Petitioner shall refund Rs. 48,500 /- ( Forty Eight Thousand Five Hundred) through Bank Draft/cash in the Nazarat of Civil Court, Buxar at the time of furnishing bail-bond.

(ii) The petitioner shall refund the rest amount i.e., Rs. 1,45,500/- ( one lakh forty five thousand five hundred) in four equal installments of Rs. 36,375/- (Thirty Six Thousand Three Hundred Seventy Five) through Bank Draft/cash in the Nazarat of Civil Court, Buxar within a period of one month from the date of furnishing bail-bond.

(iii) The aforesaid payment shall be subject to the final outcome of the case .

Patna High Court CR. MISC. No.80490 of 2023(4) dt.09-04-2024 3/3 (iv) If petitioner does not abide by the aforesaid directions, the learned Court below is at liberty to cancel the bail-bond of the petitioner. (Prabhat Kumar Singh, J) Koushik/- U T