Deo Nandan Sao @ Dev Nandan Saw v. The State Of Bihar Through The Chairman, South Bihar Power Distribution Company Ltd., Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87404 of 2024 Arising Out of PS. Case No.-340 Year-2023 Thana- MAGADH UNIVERSITY District- Gaya ====================================================== Deo Nandan Sao @ Dev Nandan Saw Son of Ramdev Saw Resident of Village - Bhorwar, P.S. - Magadh Medical, District - Gaya ... ... Petitioner/s

Versus

The State of Bihar through the Chairman, South Bihar Power Distribution Company Ltd., Bihar, Patna Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sharda Nand Mishra For the Opposite Party/s :

Mr. Deepak Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-01-2025

1. Heard learned Counsel for the petitioner and learned Counsel appearing on behalf of the South Bihar Power Distribution Company Limited.

2. This application, for grant of anticipatory bail, arises out of M.U. Police Station Case No. 340 of 2023, disclosing offence punishable under Section 135 of the Electricity Act, 2003.

3. The prosecution case, as per the First Information Report lodged by the Junior Electric Engineer, Bodh Gaya, is that the petitioner was using electricity by hooking wire in the L. T. Line without any valid electricity connection, causing loss of revenue to the South Bihar Power Distribution Company Limited to the tune of Rs. 42,636/-. The raiding team has also recovered nine meters of wire.

4. Learned Counsel for the petitioner submits that the

Patna High Court CR. MISC. No.87404 of 2024(2) dt.21-01-2025 2/2 petitioner is innocent and has falsely been implicated in this case with ulterior motive. He further submits that the petitioner has a valid electricity connection in his premises having consumer ID No. 2272013026, and he has paid the electricity due till 02.02.2024.

5. On the other hand, learned Counsel for the South Bihar Power Distribution Company Limited submits that the petitioner was caught using electricity through illegal means and wire, to the extent of nine meters, has also been recovered from his house and due to the act of the petitioner, the South Bihar Power Distribution Company Limited has incurred a loss of Rs. 42,636/-.

6. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that there is direct allegation against the petitioner using electricity by hooking wire in the L.T. Line, I am not inclined to grant the petitioner privilege of anticipatory bail.

7. This application is, accordingly, dismissed (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √