IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40128 of 2009 GANESH MAHTO son of Shri Dahu Mahto, resident of Chhoti Pahari, P. S. Agamkuan, District Patna …. Petitioner. Versus THE STATE OF BIHAR ----------- 2. 25.11.2009. Heard counsel for the petitioner, counsel for Bihar State Electricity Board as also counsel for the State. The petitioner is facing prosecution for offence under Section 135 of the Electricity Act and it is said that he was unauthorizedly availing the electric connection by tampering with the meter inasmuch as he had developed a device, a switch by which he could monitor the functioning of the petitioner as per his desire. Counsel for the petitioner tried to explain that the petitioner was/is a bona fide consumer of the Board and earlier electric bill with full payment would also go to show that allegation against the petitioner seems to be concocted one at the instance of Raiding Party. Counsel could not deny the fact that there is no scope for putting a switch controlling the meter as found in the seizure-list. This court 2 therefore without expressing any further opinion on the merit of this case would accept the offer of the petitioner to pay the amount of loss sustained by the Board on account of alleged theft, subject to adjudication either before the court or before the competent authority under the Electricity Act. That being so, this court would direct for release of petitioner namely Ganesh Mahto on provisional bail for a period of 15 days on his furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of ACJM, Patna City in connection with Agamkuan P. S. Case No. 252 of 2008 and if the petitioner would deposit a sum of Rs.1,25,000/- immediately on completion of the aforementioned period of 15 days, his provisional bail would be extended for a period of six months in which period the petitioner must pay the balance amount of Rs.3,00,000/- in five equal monthly instalment i.e. Rs.60,000/- which would begin from the date of payment of a sum of Rs.1,25,000/-. If the petitioner pays the 3 full amount of Rs.4,25,000/- in the aforementioned period of six months his provisional bail shall be confirmed. But in no event, the petitioner will be given any further indulgence or extension for confirmation of his bail. It is, however, made clear that the petitioner of course will also remain present in course of trial and his absence for two consecutive dates will make him liable for cancellation of his bail. kanchan (Mihir Kumar Jha, J.)