Patna High CourtCR. MISC./55802/2018disposed

Sudama Prasad v. State Of Bihar And ANR

2018-09-12Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55802 of 2018 ====================================================== Sudama Prasad, Son of Late Pryas Mahto, Resident of Village-Tarapur, P.S.-Giriyak, District-Nalanda.

.... .... Petitioner

Versus

1. The State of Bihar.

2. South Bihar Power Distribution Co. Lt. Patna. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Rabindra Prasad Singh For the Opposite Party/s : Mr. Mukesh Kumar Singh For SBPDCL : Mr. Kunal Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-09-2018 This application has been filed for modification of the order dated 2.2.2018 passed in Cr.Misc.No.4200 of 2018 stating that in the said order Sections 364 and 365 IPC have wrongly been mentioned in place of Section 135 of the Electricity Act and further total amount due has wrongly been mentioned as Rs.18,430 + Rs.1,93,282 whereas the total actual amount due is Rs.2,27,377/-. It has also been submitted that petitioner has deposited Rs.1 lakh in the office of South Bihar Power Distribution Co. Ltd. on 7.8.2017 and for rest of the amount he may be given time.

In the said circumstances, the order dated 2.2.2018 passed in Cr.Misc.No. 4200 of 2018 stands modified to the extent that Section 135 of Electricity Act should be correctly read in

Patna High Court Cr.Misc. No.55802 of 2018 (2) dt.12-09-2018 2/2 place of Sections 364 and 365 IPC. Total dues be read as Rs.2,27,377/- and further for deposit of rest of the amount, petitioner is granted further four months time to deposit the same in two equal instalments through Bank Draft payable in favour of SBPDCL and in the meantime, learned court below will release the petitioner on provisional bail to its own satisfaction and once the total amount is deposited, his bail bond shall be confirmed, otherwise the court below may pass any other order(s) as he may deem fit and proper.

With the aforesaid observation, this application is disposed of.

(Vinod Kumar Sinha, J) spal/- U