Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.12685 of 2012 ====================================================== 1. Ganesh Prasad Roy @ Ganesh Roy S/O Late Jahuri Prasad Resident Of Mohalla- Bekapur (Durgasthan), Police Station- Kotwali, District- Munger. .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 27-03-2012 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner apprehends his arrest in connection with a case instituted for the offence punishable under [STATUTE] and section 39/44 of the Indian Electricity Act. It is alleged that on 25.6.2001 the informant along with other team members raided the house of the petitioner and other accused persons and found them using electricity by illegal connection. A loss of Rs.10,000/- is alleged to have been caused to the Bihar State Electricity Board by the petitioner due to illegal use of electricity. It is submitted that the police upon investigation found the allegation to be false as against the petitioner and submitted final report in this regard. The learned Magistrate differed with the police report and took cognizance of the offence. Patna High Court Cr.Misc. No.12685 of 2012 (2) dt.27-03-2012 2 It has been stated in paragraph 10 of the petition that processes has been issued in this case by the court below by order dated 21.1.2011 and, thus, he came to know about the status of the case against him. Be that as it may, considering the facts and circumstances of the case, let the petitioner named above, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt/communication of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Smt. Rajni Kumari, learned Judicial Magistrate, 1st Class, Munger in connection with Kotwali P.S. Case No.248 of 2001 subject to the conditions as laid down under section 438(2) Cr. P.C. as also subject to the conditions (i) that both the bailors will be close relative of the petitioner who will give separate affidavit giving genealogy as to how they are related with the petitioner (ii) that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him to disclose such facts to the court or to any other authority (iii) that he shall remain present before the court on the dates fixed for hearing of the case. If he wants to remain absent, then he shall take prior permission of Patna High Court Cr.Misc. No.12685 of 2012 (2) dt.27-03-2012 3 the court and in case of compelling and unavoidable circumstances for remaining absent, he shall immediately inform the court and request that he may be permitted to be present through counsel (iv) that liberty is given to the State to make an appropriate application for modifying/recalling the order granting bail, if for any reason, the petitioner violates any of the conditions imposed by this court. Md.S./- (Ashwani Kumar Singh, J)

Applicable IPC Section: 379

Statute Text:
Section 379 of the Indian Penal Code. Theft. Whoever commits theft shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.