IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.52276 of 2008 1. RAMESH CHANDRA GUPTA Son of Late Sri Ram Gupta 2. Sanchit Agrawal Son of Late Ramesh Chandra Gupata Both are resident of 502 Santosha Complex, Bandar Bagicha, Police Station- Kotwali, District- Patna 3. Binay Kumar Singh Son of Late Ram Kripal Singh, Resident of Sallalpur, Police Station – Didarganj, District- Patna ---------------Petitioners Versus THE STATE OF BIHAR THROUGH THE VIGILANCE PATNA ------------- Opposite Party ----------- 4. 27.1.2009 Heard learned counsel for the petitioners and the counsel appearing on behalf of the Vigilance Department. The petitioners are Directors of M/s Dadiji Steel Ltd., Sabalpur, Patna. It is alleged that they are responsible for committing a crime under Sections 166, 109, 119, 406, 420, 465, 467, 468, 120 of the Indian Penal Code read with Sections 135 and 138 of the Electricity Act and Section 13(1)(d) of the Prevention of Corruption Act. Learned counsel for the Vigilance Department submits that the petitioners are not entitled to bail firstly because they have committed an offence, secondly because with the help of the staff of the Electricity Department their application under Clause 11.4 of the Bihar Electricity Supply Code, 2007 has been accepted and thirdly because the Officers of the Bihar State Electricity Board have charged tariff at the rate of Rs. 1.35 paise per unit instead of Rs. 4.20 paise per unit. There was a raid in the business premises of the petitioners on 6.5.2008. Thereafter on 27.6.2008 the company voluntarily - 2 - declared that there was a defect in the meter and on 27.7.2008 paid a sum of Rs. 1 Crore 70 lakhs which was against the bill raised by the Bihar State Electricity Board for the alleged defect in the meter. Learned counsel for the petitioners referring to the First Information Report submits that tampering has been found for a period of ten days in the meter reading of the petitioners. It is also stated that the assumption on behalf of the informant that the petitioners are liable to pay a higher rate of Rs. 4.20 paise per unit is without any basis and in fact it is the Electricity Board who is competent to calculate the rate at which the petitioners should make the payment. It is submitted that the Board has not raised any bill and in absence of any bill raised, it cannot be said that the petitioners are liable to pay any further amount, except that which has been raised by the Bihar State Electricity Board. It is submitted on the basis of presumption that the petitioners cannot be kept in custody especially in view of the fact that they have paid Rs. 1.70 crores. Secondly, it is submitted that Clause 11.4 deals with voluntary declaration of tempered meters. It envisaged that the consumer may come forward and voluntarily declare tampering of meter /or seals. Clause 11.4( b) states that the energy bill for the period the meter is not replaced, shall be sent as per the procedure for defective meters and Clause 11.4 (c) envisaged that no case shall be lodged in case of consumer voluntarily declaration of the tempered meter and also requires that payment should be made within specified time. - 3 - On the aforesaid submission, Mr. Y. B. Giri, on behalf of the petitioners submit that they are entitled to protection under Section 438 of the Code of Criminal Procedure. Mr. Rakesh appearing on behalf of the Vigilance Department on the other hand submits that the case is under investigation and it appears that there are officers of the Bihar State Electricity Board who are in connivance with the petitioners. An F.I.R. has been lodged on 16.9.2008 and the matter is still under investigation. In the circumstances I grant the petitioners anticipatory bail until the chargesheet is submitted in this case after which the petitioners would be entitled to take recourse to whatever remedy is available to him. Considering the aforesaid facts and circumstances of the case, petitioners Ramesh Chandra Gupta, Sanchit Agrawal and Binay Kumar Singh are directed to be released on anticipatory bail in the event of their arrest/surrender before the Court below within a period of four weeks in connection with Special Case No. 43/2008 arising out of Vigilance P.S. Case No. 67 of 2008 on furnishing bail bonds of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the Special Judge (Vigilance-1), subject to the conditions laid down under Section 438(2) of the Cr.P.C. P. Kumar (Sheema Ali Khan, J.)