IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22901 of 2009 MD.NAUSHAD, son of Md. Shamim, resident of Mohalla-Moglakhar, Police Station-Bundelkhand, District-Nawada. ……..Petitioner Versus The State Of Bihar …..Opposite Party ----------- 02. 07.09.2009 Petitioner apprehends arrest in Nawada Town P.S. Case No. 58 of 2009 instituted under Section 379 of the Indian Penal Code read with Section 39/44 of the Electricity Act 1960. At the very outset, on behalf of the petitioner, it is submitted that the case is of electricity theft. Under the new Electricity Act, 2003, no F.I.R. can be lodged. In terms of Section 151 of the new Act only a complaint can be filed and that would be by a person authorized on that behalf. The prosecution is thus misconceived on the face of it. Having examined the aforesaid provisions, I am inclined to grant Anticipatory bail to the petitioner. Let the petitioner namely Md. Naushad, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on Anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nawada in - 2 - connection with Nagar Nawada P.S. Case No. 58 of 2009 subject to the conditions as laid down under Section 438(2) of the Cr. P.C. Shageer (Navaniti Prasad Singh, J)