IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31025 of 2011
1. Bechan Sharma
2. Santosh Sharma
Both sons of Hanuman Sharma
Versus
The State Of Bihar
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02 28.09.2011 Heard learned counsel for the petitioners as well as
learned Additional Public Prosecutor for the State.
Petitioners are languishing in jail custody since
19.06.2011 in a case registered under Sections 379/34 of the
Indian Penal Code and 39/44 of Electricity Act.
Allegedly, petitioners were running welding machines
without having a valid electric connection and, accordingly, they
caused damage to electricity department to the tune of Rs.
2,80,320/-.
The contention of learned counsel for the petitioners is
that the present case has been instituted under wrong sections and,
as a matter of fact, in place of Sections 39/44 of Electricity Act, it
ought to have been mentioned as Section 135 of Electricity Act. It
is further contended by him that seizure list does not bear the
signatures of the petitioners and, as a matter of fact, petitioners
were running welding machines through generator but officials of
the electricity department lodged this false case with ulterior
motive.
Considering the aforesaid facts and circumstances as
well as period of detention of the petitioners in jail custody, let the
petitioners be released on bail on furnishing bail bonds of Rs.
-2-
10,000/- (Ten Thousand) each with two sureties of the like amount
each to the satisfaction of Chief Judicial Magistrate, Buxar in
connection with Buxar (M) P.S. Case No. 151 of 2011.
SHAHZAD (Hemant Kumar Srivastava, J)