Suchit Kumar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.74248 of 2018 Arising Out of PS. Case No.-256 Year-2018 Thana- GAURICHAK District- Patna ====================================================== Suchit Kumar, son of Sudarshan Sharma, resident of village-Kairwa, P.S.Ghosi, Dist.-Jehanabad ... ... Petitioner
Versus
1. The State Of Bihar
2. The South Bihar Power Districbution Company Ltd. through its Director, Vidyut Bhawan, Bailey Road, Patna.
... ... Opposite Parties ====================================================== Appearance :
For the Petitioner/s :
Mr.Manoj Kumar For the Opposite Party State:
Mr.Sri Murlidhar For the Corporation :
Dr. Anand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 21-12-2018 Heard learned counsel for the petitioner, learned Additional Public Prosecutor for the State and learned counsel for the Power Holding Corporation.
This application for grant of anticipatory bail arises out of Gaurichak P.S. Case No. 256 of 2018, disclosing offence under Sections 279 and 427 of the Indian Penal Code and Section 139 of the Electricity Act.
The case of the prosecution, as narrated by Junior Electrical Engineer, Power Holding Corporation, Patna, is that in the night of 28.07.2018, a truck, bearing registration No. BR11GB-0329, hit and damaged 11 KV line pole near High chool, Agimachak.
Section 139 of the Electricity Act reads thus :
Patna High Court Cr.Misc. No.74248 of 2018(2) dt.21-12-2018 2/2 "139. Negligently breaking or damaging works.--whoever, negligently breaks, injures, throws down or damages any material connection with the supply of electricity, shall be punishable with fine which may extend to ten thousand rupees."
In my view, since the punishment for offence under Section 139 of the Electricity Act, is fine, which may extend to Rs.10,000/-, this application for anticipatory bail cannot be entertained in the absence of any apprehension. Since the petitioner cannot be arrested for the offence under Section 139 of the Electricity Act, this application is dismissed as not maintainable.
(Chakradhari Sharan Singh, J) Pawan/Ragini U T