IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43045 of 2010 ARVIND SAH @ ARVIND KUMAR Versus THE STATE OF BIHAR ----------- 02 26.03.2011 Heard learned counsel for the petitioner and learned counsel for the state. Petitioner is an accused for offence punishable under section 135 of the Electricity Act, 2003. Learned counsel for the petitioner submits that although the allegation is of electricity theft against the petitioner, but except some electric wires no appliance or material has been found or seized from the premises in question which could have been used for theft of electricity. Learned counsel for the petitioner further submits that although the petitioner is the owner of the premises in question, but it is not in his possession, rather it is in possession of his tenant. Learned counsel for the petitioner also avers that he had applied for electricity for the said premises, but till date it has not been given to the petitioner as the petitioner has failed to oblige the authorities of the department. In the aforesaid facts and circumstances, this petition for anticipatory bail is allowed. In case of surrender/arrest within fifteen days from the date of receipt/production of a copy of this order in the court below, petitioner, namely Arvind Sah @ Arvind Kumar shall be released on bail on furnishing bail bond of Rs.10,000.00 (rupees ten thousand) with two sureties of - 2 - likewise amount each to the satisfaction of Chief Judicial Magistrate, Madhubani in connection with Jainagar P.S. Case No.84 of 2010 (G.R. No.1126 of 2010) subject to the conditions as laid down under section 438(2) of Code of Criminal Procedure. Harish (S.N. Hussain, J.)