Patna High CourtCR. MISC./54905/2018allowed

Vikash Kumar @ Viku Singh v. The State Of Bihar Through North Bihar Power Distribution Company Ltd. Having Office At Vidhut Bhawa

2018-10-08Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54905 of 2018 Arising Out of PS. Case No.-240 Year-2017 Thana- BIBHUTIPUR District- Samastipur ====================================================== Vikash Kumar @ Viku Singh S/o Sri Nanki Singh @ Uday Narayan , R/o Vill.- Bharpura, P.S.- Vibhutipur, District- Samastipur. ... ... Petitioner/s

Versus

The State Of Bihar Through North Bihar Power Distribution Company Ltd. Having Office At Vidhut Bhawan, Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhay Shankar Singh For the Opposite Party/s :

Mr. Vinay Kirti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 08-10-2018 Heard learned counsel for the petitioner and counsel appearing on behalf of the State as well as North Bihar Power Distribution Company Ltd.

The petitioner is apprehending arrest in connection with Vibhutipur P.S. Case No. 240 of 2017 for the offence under Sections 379 of the Indian Penal Code.

Mr. Abhay Shankar Singh, learned counsel for the petitioner has drawn attention of this Court to complaint made by the Junior Engineer to the SHO, Vibhutipur to contend that no case of electricity theft has been made out against the petitioner. The allegation of replacing electric instrument and shifting the transformer and poles near his poultry, does not constitute offence of theft of electric.

Patna High Court Cr.Misc. No.54905 of 2018(2) dt.08-10-2018 2/2 Considering the aforesaid, let the petitioner above named, in the event of arrest or surrender within four weeks from today, 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 Additional Chief Judicial, Magistrate, 4th Rosera, in connection with Vibhutipur P.S. Case No. 240 of 2017, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Anil Kumar Upadhyay, J) T.Kr./- U T