Kameshwar Sah vs The State Of Bihar on 7 July, 2014

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Patna High Court - Orders

Kameshwar Sah vs The State Of Bihar on 7 July, 2014

Bench: Akhilesh Chandra

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Criminal Miscellaneous No.5508 of 2014
                 ======================================================
                 Kameshwar Sah, Son of Late Hari Narayan Sah, Resident of Village-
                 Baradihan, P.S.-Karakat, District-Rohtas.
                                                                         .... .... Petitioner/s
                                                    Versus
                 1. The State of Bihar
                 2. Junior Engineer, Electric Supply Division, Karakat Gorari, P.S.-
                    Karakat, District-Rohtas.
                                                                    .... .... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s        :    Mr. Rang Nath Choubey, Advocate
                 For the Opposite Party/s    :    Mr. Harendra Pd., A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA
                 ORAL ORDER

5   07-07-2014

None turned up on behalf of opposite party no. 2 on calls nor any counter affidavit has been filed in spite of taking adjournments and directions given on previous occasion.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner, apprehending his arrest in connection with a case registered for the offence punishable under Sections 379 of the Indian Penal Code and 135 of the Electricity Act, is named accused in this with allegation of power theft in adjoining premises.

Submission is of false implication. In fact, petitioner has only one premise in dilapidated condition which is being rectified by making new construction.

Considering the facts and circumstances of the case, in the event of his arrest or surrender before the court below within four weeks, let the petitioner abovenamed be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand only) with two sureties of the like amount each to the Patna High Court Cr.Misc. No.5508 of 2014 (5) dt.07-07-2014 2/2 satisfaction of Sub-Divisional Judicial Magistrate, Bikramganj, Rohtas, in connection with Karakat P.S. Case No. 198 of 2013, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure with additional condition to remain physically present before the court below on each and every date at least for two years or till disposal of the case, whichever is earlier and in case of failure on two consecutive dates without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled.

(Akhilesh Chandra, J) Praveen-II/-

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Patna High Court - Orders