Ilahi Mansuri vs The State Of Bihar And Anr. on 1 May, 2019

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Patna High Court - Orders

Ilahi Mansuri vs The State Of Bihar And Anr. on 1 May, 2019

Bench: Vinod Kumar Sinha

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13652 of 2019
                    Arising Out of PS. Case No.-100 Year-2018 Thana- MADHEPUR District- Madhubani
                 ======================================================
                 ILAHI MANSURI, Son of Late Ramjani Mansuri, R/o village- Pouni, P.S.-
                 Madhepur, Dist.- Madhubani

                                                                                   ... ... Petitioner
                                                      Versus
           1.    The State of Bihar
           2.    Sanjeet Kumar Kapar Son of Sri Jai Mangal Kapar, Asst. Electric Engineer,
                 Electricity Supply Sub Division, Jhanjharpur, Madhubani. Permanent
                 Address - Rampur Gangauli, P.S.- Riga, District- Sitamarhi

                                                         ... ... Opposite Parties
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Lakshman Jha
                 For the Opposite Party/s :      Mr.Anil Prasad Singh
                 For O.P. No.2             :     M/S Vinay Kirti Singh, Ajay Kumar Gautam
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA
                                       ORAL ORDER

3   01-05-2019

Petitioner seeks bail in anticipation of his arrest in connection with Madhepur P.S. Case No. 100 of 2018, registered for the offences punishable under Sections 341, 323, 353 of the Indian Penal Code and Section 135 of the Electricity Act, 2003.

Allegation as per FIR is that electric connection of the petitioner was disconnected six months prior due to dues amount of Rs.1,50,810/- but he was using the same by putting 'Toka'. It is further alleged that informant team tried to disconnect the 'Toka' on the pole but petitioner and his men created disturbance and as such the team neither able to disconnect the Toka nor they seized any article and as such a loss to the tune of Rs.776103/- to the NBPDCL is caused by the petitioner.

Submission of learned counsel for the petitioner is Patna High Court CR. MISC. No.13652 of 2019(3) dt.01-05-2019 2/2 that the whole allegation is false and concocted. However, he is ready to deposit 50% of the amount if some reasonable time is granted to him.

Heard learned APP and learned counsel for NBPDCL.

Having heard both sides and in the facts and circumstances, let petitioner, above named, surrender within a period of six weeks from the receipt of this order along with a Bank Draft of Rs.88,000/- in favour of NBPDCL, on which he will be released on provisional bail for a period of five months to the satisfaction of the court below itself and during the period of five months he will deposit rest of the amount of Rs.3 lac in five equal instalments by way of Bank Draft of Rs.60,000/- each per month, failure to deposit any of the instalments, his bail bond shall be cancelled. Once the total amount is deposited the court below shall confirm his bail bond. It is made clear that if the raiding party go to inspect the place of occurrence, the petitioner has to co-operate in that, otherwise his bail bond shall be cancelled. It is also made clear that the above deposit will be subject to result of the case.

With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) spal/-

U        T

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Patna High Court - Orders