Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 5088 of 2012 ====================================================== 1. Praveen Kumar Sinha @ Praveen Kumar @ Raju Proprietor M/S Magadh Dairy Kumhrar, Resident Of Ballabatta Bazar, Chandi Asthan, P.S And Distt.- Munger. .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 23-02-2012 Heard learned counsels for the petitioner and the State. The petitioner is apprehending his arrest in a case registered for the offences punishable under [STATUTE] . The accusation is of committing theft of electric energy in instructional dairy plant. The petitioner happens to be proprietor of M/s Magadh diary. The loss has been calculated to the tune of Rs.25,84,196/-. It is submitted by learned senior counsel for the petitioner that the dairy farm is a subsidiary of Rajendra Agriculture University, Pusa, Samastipur with whom the petitioner entered into an agreement for Patna High Court Cr.Misc. No.5088 of 2012 (2) dt.23-02-2012 2/3 processing packaging of the milk and it’s related products. When the establishment was handed over to the petitioner in working condition with meterless connection under the average billing based totally upon the estimation of the Board as the Controlling Officer of the live stocking, Pusa deposited full amount for LTIS connection on 24.06.2009 when the Board informed to supply the electricity to the dairy plant and charge the average billing and average bills raised by Board were deposited also. It is further submitted that the unit was handed over on 26.05.2010 to one Mahesh Gupta. The said agreement has been brought on record as Annexure- 5. It is submitted by the learned senior counsel that the FIR does not suggest that informant verified about the agreement of payment of the energy rental on the average bill basis nor the FIR suggest the seizure of any article suggesting illegal consumption. It is further submitted that the petitioner is ready to deposit the arrear of energy charges within a period of two months. Considering the aforesaid submissions, let the above named petitioner be released on anticipatory Patna High Court Cr.Misc. No.5088 of 2012 (2) dt.23-02-2012 3/3 bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Maistrate, Samastipur in connection with Tajpur (Pusa) P.S. Case No. 460 of 2010, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. DKS/ (Dinesh Kumar Singh, J.) .

Applicable IPC Section: 405

Statute Text:
Section 405 of the Indian Penal Code. None. Whoever, being in any manner entrusted with property, or with any dominion over property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied, which he has made touching the discharge of such trust, or wilfully suffers any other person so to do, commits "criminal breach of trust".