Raj Kumar Rai @ Raj Kumar v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6100 of 2019 Arising Out of PS. Case No.-631 Year-2014 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Raj Kumar Rai @ Raj Kumar Son of Gajendra Rai Resident of Village - Bakhri Chowk, Near Saw Mill, P.O.- Mirjapur, P.S.- Ahiyapur, DistrictMuzaffarpur. ... ... Petitioner/s

Versus

1. The State of Bihar

2. The Deputy General Manager, North Bihar Power Distribution Company, L.T. Bhagalpur Chowk Muzaffarpu Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mazharul Hassan For the Opposite Party/s :

Mr.Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 04-02-2019 Heard the learned counsel for the petitioner, the North Bihar Power Distribution Company and the learned A.P.P. for the State.

The petitioner seeks bail in Ahiyapur P.S. Case No. 631/2014, instituted for offence under Section(s) 135 of Electricity Act.

It is alleged in the written report that on 05.11.2014 the informant, who is Assistant Manager in ESSEL Vigilance Cell, raided the flour mill of petitioner and found theft of electric energy by connecting copper wire from service wire before electric meter causing loss of Rs. 4,64,998/- to the Electricity Department. Learned counsel for the petitioner has submitted that he is bonafide consumer of NBPDCL. It is apparent from Annexure-3 that energy consumed by him in August, 2014 was 2228 K.W.H.

Patna High Court Cr.Misc. No.6100 of 2019(2) dt.04-02-2019 2/2 but for the month of September, 2014 it was shown as 205081 K.W.H.

The counsel for petitioner has submitted that he has made necessary request with authority of electricity department to make correction in bill. But instead of making correction the instant case has been filed.

Petitioner is in custody since 16.11.2018.

Considering the aforesaid facts and circumstances, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Electricity, Tirhut, N.B.P.D.C.L., Muzaffarpur in connection with Ahiyapur P.S. Case No. 631/2014, subject to the conditions that both the bailors shall be the close relative of the petitioner. (Sanjay Priya, J) rakhi/- U T