The Patna High Court granted provisional anticipatory bail for six months to the petitioner in a case alleging unauthorized electricity consumption and theft, subject to a bail deposit and sureties.
Provisional anticipatory bail granted for six months upon deposit of ₹10,000 with two sureties each of ₹10,000 to the CJM, Khagaria.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.3898 of 2013
| ====================================================== Himanshu Yadav .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s |
|
|---|---|
| ====================================================== | |
| 3 | CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-03-2013 Heard learned counsels for the petitioner and the State. |
| The petitioner is apprehending arrest in a case registered | |
| for the offences punishable under Sections 379 of the Indian Penal | |
| Code and Sections 135 and 138 of the Electricity Act. |
The accusation is of consumption of electricity energy unauthorisedly when the loss has been calculated to the tune of Rs. 2,64,885/- when the earlier arrear was of Rs. 1,22,768/-. hence total amount dues is Rs. 3,87, 653/-
It is submitted by learned counsel for the petitioner that with regard to arrear, this Court has set aside the amount of calculation made by the authorities vide order dated 12.02.2013 passed in CWJC No. 2293 of 2013 when no fresh calculation has been made by the authorities.
The petitioner undertakes to deposit 50% of the total amount of Rs. 3,87,653/- before the learned court below within a period of six months which will be invested in some fix deposit
Patna High Court Cr.Misc. No.3898 of 2013 (3) dt.04-03-2013
2/2
scheme in connection with present case which will be subject to the result of the present case.
Considering the aforesaid facts, let the above named petitioner be released on provisional anticipatory bail for six months, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Khagaria in connection with Mansi P.S. Case No. 203 of 2012, subject to the conditions as laid down under Section 438(2) Cr.P.C.
The provisional bail of the petitioner will be confirmed by learned court below on deposit of the aforesaid amount.
(Dinesh Kumar Singh, J)
Amrendra/-
1 issue framed by the court
Whether the petitioner is eligible for provisional anticipatory bail in an electricity theft case where unauthorized consumption of electricity has been alleged.
3 provisions across 3 enactments
Himanshu Yadav
The State Of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
