IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9794 of 2009 Rajesh Kumar, Son of Late Jawahar Lal, Iceburg Ice Factory, Arya Kumar Road, P.S.-Kadamkuan, District-Patna. -Petitioner. VERSUS 1. The Bihar State Electricity Board, through its Chairman, Vidyut Bhawan, Baily Road, Patna. 2. The Chairman, Bihar State Electricity Board, through its Chairman, Vidyut Bhawan, Baily Road, Patna. 3. The Chief Engineer-cum-General Manager, PESU, Mangles Road, Patna. 4. The Superintending Engineer, PESU East Circle, Patna. 5. The Executive Engineer, Electric Supply Division, Rajendra Nagar, PESU East, Patna. 6. The Assistant Engineer, Electric Supply Sub Division, Machhua Toli, PESU East, Patna. -Respondents. ----------- For the Petitioner : Mr. Binod Kumar Singh, Advocate. For the B.S.E.B. : Mr. Anand Kumar Ojha, Advocate. ----------- 03 04.02.2010 The premise of the petitioner was inspected and it was alleged that petitioner was committing theft of electricity. A criminal case was instituted and a provisional punitive bill was raised. As a condition for grant of anticipatory bail petitioner had undertaken to pay the amount of punitive bill in monthly instalments before the Court. He has challenged the action of the respondents in this writ petition. A counter affidavit has been filed in which it is stated that final assessment has also been done. In my view, as electricity connection has been restored and petitioner has already undertaken to pay as a condition for anticipatory bail the punitive bill amount, it would be appropriate for the petitioner to prefer an appeal under Section 127 of the Electricity Act where all points that could be urged before this - 2 - Court is open to be urged. The appellate authority would consider the matter on its own merits as this Court has not gone into the merits at all and pass appropriate orders in accordance with law, which would thereafter subject to final orders that may be passed in terms of Section 127 of the Electricity Act. On petitioner abiding by the undertaking given for grant of anticipatory bail and payment of current electricity bills the electric supply of the petitioner shall not be disconnected. This writ petition is disposed of accordingly. Trivedi (Navaniti Prasad Singh, J.)