IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2534 of 2010 1. Md. Ibrar, son of Md. Ibrahim 2. Md. Zahid @ Chand @ Md. Zaid, son of Aphsar, Both residents of Mohalla-Suphi Colony, Hussainabad, P.S. Mozahidpur, District-Bhagalpur……..Petitioners. Versus The State of Bihar. …………………………Opposite Party. ----------- 2. 22. 03. 2010. Heard Mr. Satish Chandra Mishra, learned counsel for the petitioners and Mr. Ansarul Haque, learned Additional Public Prosecutor for the State. The petitioners apprehend their arrest in a case instituted under Section 379 of the Indian Penal Code and Section 135 of the Indian Electricity Act According to the prosecution case, petitioners are alleged to have committed theft of electricity causing financial loss to the Bihar Electricity Board. According to the F.I.R. vide Annexure-1, Petitioner No. 1, Mr. Ibrar is alleged to have committed theft of electricity of Rs. 50,224/- and Petitioner No. 2, Md. Zahid @ Chand @ Md. Zaid is also alleged to have committed theft of electricity of Rs. 25,112/-. Learned counsel for the petitioners has filed supplementary affidavit today in Court and by referring to Annexure-3 of the supplementary affidavit, he submits that Petitioner No. 1 had deposited the amount of Rs. 50,224/- on 15. 03. 2010. He further states that Petitioner No. 2 is also prepared to deposit the amount of Rs. 25,112/- in order to compensate loss sustained by the Bihar State Electricity Board, 2 and besides that he will be facing criminal prosecution also. In the aforesaid facts and circumstances of the case, petitioners, namely, Md. Ibrar and Md. Zahid @ Chand @ Md. Zaid, in the event of their arrest/surrender within a period of four weeks from today shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhagalpur, in connection with Mojahidpur P.S. Case No. 122/09, subject to the conditions as laid down under Section 438(2) of Cr. P.C and subject to further condition that Petitioner No. 2 shall deposit the amount of Rs. 25,112/- in cash in the court for being transferred to the Account of Bihar State Electricity Board. Learned court below shall also verify the factum of deposit of Rs. 50,224/- by Petitioner No.1. The court below only after being satisfied about the deposit of the said amount by the petitioners would accept the bail bond furnish by the petitioners. Non-compliance of the conditions referred above would amount to rejection of the prayer for anticipatory bail made on behalf of the petitioners. m.p. (Birendra Prasad Verma,J.)