IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.27907 of 2010
1. BIPIN KUMAR, SON OF RAM CHANDRA SAO, RESIDENT OF
VILLAGE- KAMARAPAR, POLICE STATION- ATHMALGOLA, DISTRICT- PATNA.
2. DAYANAND LAL (SAO) SON OF LATE BHAGIRATH SAO, RESIDENT OF VILLAGE-
BAHADURPUR, POLICE STATION- ATHMAL GOLA, DISTRICT- PATNA.
3. RAM BACHAN SINGH, SON OF JAGO SINGH, RESIDENT OF VILLAGE- RANA BIGHA
POLICE STATION- BARH, DISTRICT- PATNA :---- PETITIONERS.
Versus
1. THE STATE OF BIHAR
2. SRI SURENDRA KUMAR, ASSISTANT ELECTRICAL ENGINEER, BAKHTIYARPUR,
DISTRICT- PATNA. :--- OPPOSITE PARTIES.
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2. 23.08.2010. Heard learned counsel for the petitioners and the State.
In view of the grounds taken in support of the restoration
application Cr. Misc. No. 8062 of 2010 is restored to its original file
and number.
Restoration application is, accordingly, disposed of.
Having disposed of the restoration application, Cr. Misc.
No. 8062 of 2010 is taken up for admission.
Petitioners are apprehending their arrest in connection with
a case registered for the offence under Section 379 of the Penal Code
and Section 135 of the Electricity Act which is registered against
Uday Shankar Prasad and Dilip Kumar Singh. Petitioners are not
named in the First Information Report but during investigation it
transpired that petitioners are the tenant of Uday Shankar Prasad who
is alleged to be involved in power theft in the premises which is
occupied by the petitioners as tenant.
It is submitted on behalf of the petitioners that Uday
Shankar Prasad has been allowed bail in the event of arrest by another
Bench of this Court under orders dated 19.8.2010 in Cr. Misc. No.
-2-
26231 of 2010 on the condition that he shall pay the amount of
electricity charges due against him in ten instalments.
Let the petitioners, named above, who are the tenants of
Uday Shankar Prasad appear in the court below within six weeks of
the receipt of a copy of this order in the court below and pay the
electricity charges due from them as assessed by the authorities of the
Electricity Board in ten instalments and on payment of the first
instalment they be allowed provisional bail on furnishing bail bonds of
Rs. 5,000/- (Five thousand) each with two sureties of the like amount
each to the satisfaction of Chief Judicial Magistrate, Barh in
connection with Athmal Gola P.S.Case No. 107 of 2009 and the
provisional bail should be confirmed after payment of the entire
instalment.
This application is, accordingly, disposed of.
Let this order be communicated to the court below through
fax on payment of usual charges by the petitioners.
(V.N.Sinha,J.)
P.K.P.