Ram Bilash Prasad Yadav @ Ram Bilash Prasad @ Ram Bilash Yadav v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45953 of 2018 Arising Out of PS.Case No. -102 Year- 2016 Thana -NARHAT District- NAWADA ======================================================
1. Ram Bilash Prasad Yadav @ Ram Bilash Prasad @ Ram Bilash Yadav son of Bihari Prasad Yadav @ Ram Bilash Yadav, resident of VillageMilky, P.S. Narhat, District- Nawada. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. The Assistant Electricalo Engineer, Nawada. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vinay Mistry For the Opposite Party/s : Mr. Smt Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-08-2018 Heard the parties.
The petitioner is apprehending his arrest in connection with Narhat P.S.Case No.102 of 2016 registered for offences punishable under Section 379 of the Indian Penal Code and Section 135 of the Electricity Act, 2003.
Allegation against the petitioner is of theft of the energy of Rs.2,32,443/-.
Submission of the learned counsel for the petitioner is that the transformer has been installed just before four months and it is submitted that even the assessment has not been done and the bill of Rs.2,32,000/- and odd has been made.
Heard learned A.P.P. and the learned cousnel for the South
Patna High Court Cr.Misc. No.45953 of 2018 (2) dt.08-08-2018 2/2 Bihar Power Distribution Company Ltd. They have has opposed the prayer for bail.
Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant anticipatory bail to the petitioner rather let the petitioner surrender before the learned court below within a period of four weeks from the date of receipt of the order and make prayer for regular bail. It is also made clear that if the petitioner is ready to deposit 50 % of the total amount even in three installments within a period of six months, the learned court below shall consider the same and will pass appropriate order.
With the aforesaid direction, this application is dispose of. (Vinod Kumar Sinha, J) chn/- U T