IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.526 of 2011 MD. ASLAM ALAM Versus THE STATE OF BIHAR -------------
2 02.02.2011 Petitioner is apprehending his arrest in a case
registered under Sections 39 and 44 of the Electricity
It is pointed out by learned counsel for the
petitioner that the prosecution is bad in itself as the
offence has been registered under a repealed Act. It is
submitted by learned counsel for the petitioner that so far
arrears of electric consumption of Rs. 30,055/- has
already been deposited so far as loss calculated by the
Electricity Department to the extent of Rs. 1, 89, 570/-,
the impugned order suggests that the learned court below
directed to deposit half of the loss amount. Learned
counsel for the petitioner undertakes to deposit half of
the aforesaid calculated loss amount in four installments
within a period of six months before the learned Chief
Judicial Magistrate, Bettiah, District- West Champaran.
The aforesaid amount will be invested in some fixed
deposit scheme and that deposited amount will be subject
to the ultimate result of the case.
Let the petitioner namely, Md. Aslam Alam be
released on provisional bail, in the event of his 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) each with two sureties of the like
amount each to the satisfaction of the learned Chief
Judicial Magistrate, Bettiah, District- West Champaran
in connection with Bettiah Muffasil P.S. Case No. 316 of
2010. Learned Court below will confirm the regular bail
on deposit of half of the calculated loss amount within a
period of six months.
Bhardwaj/ ( Dinesh Kumar Singh, J.)