IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.20581 of 2011
RAJESH KUMAR SINGH @ KHANNA, SON OF LATE RAM
LAKHAN SINGH, R/O VILLAGE- AMBA, P.S. SHAHKUND,
DISTRICT-BHAGALPUR. ....PETITIONER.
VERSUS
THE STATE OF BIHAR. .....OPPOSITE PARTY.
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02. 01.07.2011 Heard learned counsel for the petitioner and the
learned counsel for the State.
The petitioner is an accused in Shahkund P.S.
Case No. 16 of 2009 registered under Sections 135 of the
Electricity Act.
Learned counsel appearing on behalf of the
petitioner submits that the petitioner was not arrest on
spot, which appears from the written report itself. In fact
alleged rice holler was purchased by the father of the
petitioner and before his death he had partitioned the
dwelling house and alleged portion where the rice holler
was installed belongs to the elder brother of the petitioner
and after death of the father petitioner moved outside the
state and took shelter in Delhi for livelihood and there was
no question to put Toka for running the holler. It is further
submitted that from the FIR it is clear that the mandatory
provision of Section 135 of the Electricity Act has not been
complete by the raiding party and petitioner is in custody
since 22.02.2011.
The allegation is that in course of raid about
electricity theft rice holler was found running using 10 H.P
2
motor by putting Toka illegally causing loss of Rs. 145416/-
to electricity Board. The petitioner appears to be in custody
since 22.02.2011.
In the facts and circumstances of the case, let
petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (ten thousand) with two sureties
of the like amount each to the satisfaction of the learned
Judicial Magistrate 1st Class Bhagalpur in connection with
G.R. Case No. 250 of 2009 (Shahkund P.S. Case No. 16
of 2009).
Devendra/ ( Rajendra Kumar Mishra, J. )