IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.21853 OF 2009 1. RAM PRAVESH RAI, SON OF LATE JAGADISH RAI 2. RAMSLOK RAI, SON OF SHRI MAHENDRA RAI 3. BICHOO SAH, SON OF LATE SHATRUGHAN SAH 4. SANJAY SAH, SON OF LATE SHATRUGHAN SAH ALL OF MOHALLA YOGIYA TOLA, YARPUR, POLICE STATION GARDANIBAGH, DISTRICT PATNA ……………………………………………………………….PETITIONERS VERSUS THE STATE OF BIHAR ******** 2 24/08/2009 Heard learned Counsel for the petitioner and the A.P.P. appearing on behalf of the State. In the First Information Report registered under Section 135 of the Indian Electricity Act, 2003, it is alleged that the petitioners were illegally consuming electricity which caused a loss to the Electricity Department to the tune of Rs. 1,44,000/- (Rs. 48,000/- each). The Court below has granted bail to the petitioners on the condition that they should deposit Rs. 5,000/- each per month till the realization of the whole loss amount. Learned Counsel for the petitioners submits that the petitioners have already deposited Rs. 15,000/- each which is almost equal to the principal amount and submits that the order to deposit Rs. 5,000/- per month against the fine of Rs. 48,000/- is a condition which cannot be fulfilled by the petitioners. This question is yet to be decided by the appropriate forum and as such the condition 2 imposed while granting bail is unreasonable and unjustified. This Court finds that the petitioners have already deposited Rs. 15,000/00 which almost amounts to the principal amount. The imposition of fine on deposit of Rs. 5,000/- per month up to the tune of Rs. 48,000/- as claimed by the Electricity Department is unreasonable and would amount to imposition condition which cannot be fulfilled and as such it also amounts to not granting bail to the petitioners. In the opinion of this Court, the Court below should impose a condition which is reasonable and justified and can be fulfilled while granting bail but it appears that the Court below while granting bail has imposed such a condition that cannot be fulfilled by the petitioners. Accordingly, the condition imposed by the Court below while granting bail to the above named petitioners is quashed. In the result, this application is allowed to the extent indicated above. Anand ( Sheema Ali Khan, J. )