In a bail application under multiple IPC and Electricity Act sections, the High Court released the petitioner on bail with a bond and two sureties, subject to a condition depositing calculated arrears with authorities.
Petitioner released on bail of Rs. 10,000 with two sureties of like amount, subject condition to deposit arrears.
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Patna High Court Cr.Misc. No.18604 of 2013 (2) dt.13-06-2013
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18604 of 2013
====================================================== Ram Kalesh Singh, Son of S. Singh, resident of village- Lodipur, Police Station - Muffasil, District – Gaya. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 2 13-06-2013 Heard Mr. Yogesh Chandra Verma, learned senior counsel for the petitioner and learned Additional Public Prosecutor for the State.
On a request made by the Court, Mr. Vinay Kirti Singh, learned Standing Counsel for South Bihar Power Distribution Company Limited, has appeared and assisted the Court.
The petitioner seeks regular bail in a case registered for the offences punishable under Sections 147, 341, 323, 379 and 427 of the Indian Penal Code and Section 135 of the Electricity Act.
The petitioner had earlier moved this Court for grant of anticipatory bail vide Cr. Misc. No. 8541 of 2012. In view of the undertaking given by the petitioner that he would deposit the arrears within a period of three months and fifty per cent of the calculated loss amount within a period of six months before the authorities, privilege of anticipatory bail was granted to the
Patna High Court Cr.Misc. No.18604 of 2013 (2) dt.13-06-2013
petitioner.
Mr. Verma, learned senior counsel on behalf of the petitioner, has submitted that as the petitioner was not in a position to deposit the amount as indicated in the order of this Court dated 28.03.2012 and it was impossible for him to comply the same, he had to surrender before the Court below. Accordingly, this bail application has been filed.
The petitioner is in custody since 04.02.2013.
Under the facts and circumstances noted above and in view of the fact that the petitioner has no criminal antecedent, let the petitioner Ram Kalesh Singh, 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 learned Special Judge (Electricity) Magadh Area, Gaya, in connection with Muffasil P.S. Case No. 205 of 2011. This will be subject to the condition that the arrear as indicated in the order dated 28.03.2012, is deposited and a proof, therefor, is presented before learned Chief Judicial Magistrate, Gaya.
(Chakradhari Sharan Singh, J.)
Saif/-
3 issues framed by the court
Whether the petitioner entitled to regular bail conditions
Whether bail bond amount and sureties adequate
Whether condition of depositing arrears attached to bail
2 provisions across 2 enactments
Ram Kalesh Singh
The State of Bihar
CHAKRADHARI SHARAN SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
