The High Court of Patna rejected the petitioner's application for anticipatory bail in a case under Section 135 of the Indian Electricity Act, 2003, ruling that the act caused significant financial loss to the department.
Anticipatory bail is rejected; defects in the copy of the order must be removed within one month.
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.32611 of 2021
Arising Out of PS. Case No.-467 Year-2020 Thana- RIVILGANJ District- Saran
======================================================
AKHILESH YADAV @ AKHILESH RAY S/O RAJ KUMAR RAY R/o village- Pachpatra, P.S.- Revilganj, District- Saran, at present residing at Prabhat School Phase, Rinku Bhai Chai, Room No. 8, Silvassa, Dadar and Nagar Haveli- 396230
... ... Petitioner
Versus
... ... Opposite Party
====================================================== Appearance : For the Petitioner/s : Mr.Binod Kumar Sinha, Adv. For the Opposite Party/s : Mr.Shyameshwar Dayal, APP For the Electricity Dept.: Mr. Lokesh Kumar Singh, Asst. Standing Counsel ======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY
ORAL ORDER
5 19-05-2022
Learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.
Heard learned counsel for the petitioner as well as learned assistant standing counsel for the Electricity Department.
The petitioner apprehends his arrest in connection with Rivilganj P.S. Case No. 467 of 2020, registered for the offences punishable under Sections 135 of Indian Electricity Act, 2003.
As per allegation, the premises of the petitioner was raided and it was found that flour mill was being run without electricity connection. Domestic connection was found in the name of his mother Teju Devi. Due to this act of the petitioner the electricity department sustained a loss of Rs. 5,01,580/-
Patna High Court CR. MISC. No.32611 of 2021(5) dt.19-05-2022 2/2
Learned counsel for the petitioner has submitted that petitioner was not residing there. He is residing in Silvassa, Dadar and Nagar Haveli. The learned counsel expressed his inability to deposit even 25% of the loss sustained by the electricity department.
The premises, as per FIR, was of the petitioner. The electricity department sustained a loss of Rs. 5,01,580/- due to act of the petitioner, as such, I do not think it to be a fit case for anticipatory bail. Accordingly, it is rejected.
Office shall ensure that all defects are removed by the petitioner within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court.
(Nawneet Kumar Pandey, J)
SONALI/-
U
2 issues framed by the court
Whether the case qualifies as a fit case for anticipatory bail under Section 135 of the Indian Electricity Act, 2003.
Whether the petitioner's non-residence and inability to deposit loss affect the grant of anticipatory bail.
1 provisions across 1 enactments
Akhilesh Yadav
The State of Bihar
The North Bihar Power Distribution Co. Ltd
Nawneet Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
