Patna High Court - Orders
Sachin Yadav @ Sachindra Yadav vs The State Of Bihar on 29 August, 2023
Author: Anjani Kumar Sharan
Bench: Anjani Kumar Sharan
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50485 of 2023
Arising Out of PS. Case No.-129 Year-2023 Thana- SAUR BAZAR District- Saharsa
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SACHIN YADAV @ SACHINDRA YADAV S/O YADUNANDAN YADAV
R/O VILLAGE- PIPRA, WARD NO. 01, PS. SOUR BAZAR (PATARGHAT
O.P), DIST. SAHARSA
... ... Petitioner/s
Versus
1. The State of Bihar BIHAR
2. THE NBPDCL THROUGH JUNIOR ELECTRICAL ENGINEER,
ELECTRIC SUPPLY SECTION, PATARGHAT, SOUR BAZAR BIHAR,
DIST- SAHARSA
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Ashok Kumar
For the Opposite Party/s : Mr. Ram Anurag Singh
For the NBPDCL : Mr. Lokesh Kumar Singh
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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN
ORAL ORDER
2 29-08-2023Heard the parties.
2. Learned counsel appearing on behalf of the NBPDCL filed a counter-affidavit in the Court. Let the same be accepted and kept on record.
3. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 135 of the Indian Electricity Act.
4. The allegation against the petitioner is that he was stealing electric energy of 3906 KW electrical load in his poulty farm, due to which the NBPDCL suffered a loss of Rs.2,23,969/- in total.
Patna High Court CR. MISC. No.50485 of 2023(2) dt.29-08-2023 2/3
5. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. There is no specific overt act against the petitioner. He submits that the petitioner is ready to file an appeal in the concerned Department. Petitioner has no criminal antecedent.
6. Learned APP for the State as well as learned counsel for the NBPDCL opposed the prayer for anticipatory bail. It is submitted by learned counsel for the NBPDCL that after inviting objection from the petitioner, the revenue loss has been reassessed as Rs.1,18,041/- and energy dues Rs.4881, in total Rs.1,22,922/-, which is apparent from the para-7 of the counter- affidavit.
7. The petitioner is directed to file an appeal in the concerned Department within a period of four weeks from today.
8. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on provisional bail for a period of two months from today, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.
Patna High Court CR. MISC. No.50485 of 2023(2) dt.29-08-2023 3/3 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Sour Bazar (Patarghat O.P) P.S. Case No.129 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
9. However, the provisional bail of the petitioner shall be confirmed by the learned Court below after satisfying that the petitioner has filed an appeal in the concerned Department.
10. This application is, accordingly, disposed of.
(Anjani Kumar Sharan, J) shikha/-
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