IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.47551 of 2008 DEVANAND SAH SON OF SRI VINOD SAH RESIDENT OF VILLAGE SIMRA,P.S.SRIKANT,DISTRICT MUZAFFARPUR Versus STATE OF BIHAR ----------- 2/ 6.2.2009 Heard learned counsel for the parties. The petitioner apprehends his arrest in a case which has been registered for offences under Sections 39/44 of the Electricity Act and 379 of the Indian Penal Code. Allegation against the petitioner is that he has caused loss of Rs.46,000/- to the Electricity Board. Submission is that Section 379 of the Indian Penal Code is not attracted and the petitioner was not having electric connection since 2003. It was also incorrect that he was committing theft of electric energy. Last submission of the learned counsel for the petitioner is that he is ready to deposit the said amount. Without expressing any opinion with regard to the merit of the case, the petitioner is directed to surrender before the court below with a receipt of deposit of Rs.46,000/- issued by Electricity Board within twenty days from the date of receipt/production of a copy of this order and on his so surrendering, he shall be released on 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, Muzaffarpur in connection with Pear P.S.CaseNo. 59 of 2008, subject to the conditions as laid down in Section 438(2) of the Code of Criminal 2 Procedure. However, the deposit of amount shall not prejudice the merit of the case of the petitioner and shall abide by the result of the case. Tahir/- ( Shyam Kishore Sharma, J.)