IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32227 of 2009 MD.KHURSHEED, S/o Akram, resident of village Rampur Budhesri, P.S. Araria, District Araria Versus THE STATE OF BIHAR ----------- 2. 10.9.2009 Heard counsel for the petitioner and the counsel for the State. The petitioner is an accused in connection with offence u/ss 341, 323, 504, 379/34 of the Indian Penal Code and for offence under the Electricity Act. Counsel for the petitioner would submit that the petitioner, who is in custody since 3.6.2009, in fact cannot be made liable for the alleged offence, inasmuch as his house is far off from the place of occurrence and that his name has been only given by the concerned Lineman because he (petitioner) had failed to oblige him. He would further submit that a co- accused Jagdish Sharma having identical allegation has already been ordered to be released on bail by an order dated 19.3.2009 in Cr.Misc.No. 3234/2009 taking into account that he had remained in custody for a period of 4 months and 5 days. This Court considering that the 2 petitioner also has completed his custody for a period of over three months would direct for release of the petitioner, Md. Khursheed, on bail subject to the condition that he will pay penal bill prepared by the office of the Assistant Electrical Engineer, Electric Supply Subdivision, Araria. It is only when the petitioner will either produce a certificate from the office of the Assistant Electrical Engineer of making such payment of penal bill or to be not liable to pay such penal bill, that the petitioner would be released on bail on his furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Araria in Araria P.S.Case No. 479/2008 corresponding to G.R.No. 2126/2008. (Mihir Kumar Jha,J.) Surendra/