IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13486 of 2011 RATI KANT PRASAD Versus THE STATE OF BIHAR THROUGH VIGILANCE, PATNA BIHAR. ----------- 2. 09.05.2011 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case registered under Sections 109/120B of the Indian Penal Code, Sections 13 (1) (d) II read with Section 13 (2) of the P.C. Act, 1988 and also Sections 135/138 of the Electricity Act, 2003. The accusation is of illegal consumption of electricity by tampering the meters by the owner and the tenants of Imam shopping centre. It is alleged against the petitioner that he was in league with the consumers who were illegally consuming electricity. It is further submitted by learned counsel for the petitioner that the electricity department was taking action against the consumers who were illegally consuming electricity and Electricity Department is authorized to lodge the case for the electricity theft. It is submitted by learned counsel for the petitioner that similarly situated accused persons has been granted anticipatory bail vide Cr. Misc. No. 11666 of 2011 by this Court. 2 It is further submitted by learned counsel for the vigilance that petitioner filed anticipatory bail application in the year 2007 before learned Court below and after its rejection he did not move but after four years of rejection he renewed his prayer for bail before the Special Judge Vigilance. It is submitted by learned counsel for the petitioner that in 2011, show cause notices were issued by the vigilance to the petitioner to enable Vigilance to leave a final decision with regard to accusation. The petitioner submitted his show cause in 2011 moreover, petitioner is recently been promoted to the post of Assistant Engineer. It is further submitted that investigation is still pending in the matter. Considering the aforesaid submissions of the parties and the fact that other similarly situated person has been granted anticipatory bail, let the petitioner namely, Rati Kant Prasad in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Vigilance 1st Patna, in connection with Special Case 3 No. 43 of 2006, subject to the condition as laid down under Section 438 (2) Cr.P.C. The bail bond of the petitioner will be accepted on an undertaking being filed before the learned Court below that the petitioner will make himself available to investigating agency as and when required. Anand Kr. ( Dinesh Kumar Singh, J.)