IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20581 of 2011 RAJESH KUMAR SINGH @ KHANNA, SON OF LATE RAM LAKHAN SINGH, R/O VILLAGE- AMBA, P.S. SHAHKUND, DISTRICT-BHAGALPUR. ….PETITIONER. VERSUS THE STATE OF BIHAR. …..OPPOSITE PARTY. ----------- 02. 01.07.2011 Heard learned counsel for the petitioner and the learned counsel for the State. The petitioner is an accused in Shahkund P.S. Case No. 16 of 2009 registered under Sections 135 of the Electricity Act. Learned counsel appearing on behalf of the petitioner submits that the petitioner was not arrest on spot, which appears from the written report itself. In fact alleged rice holler was purchased by the father of the petitioner and before his death he had partitioned the dwelling house and alleged portion where the rice holler was installed belongs to the elder brother of the petitioner and after death of the father petitioner moved outside the state and took shelter in Delhi for livelihood and there was no question to put Toka for running the holler. It is further submitted that from the FIR it is clear that the mandatory provision of Section 135 of the Electricity Act has not been complete by the raiding party and petitioner is in custody since 22.02.2011. The allegation is that in course of raid about electricity theft rice holler was found running using 10 H.P 2 motor by putting Toka illegally causing loss of Rs. 145416/- to electricity Board. The petitioner appears to be in custody since 22.02.2011. In the facts and circumstances of the case, let petitioner, above named, 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 the learned Judicial Magistrate 1st Class Bhagalpur in connection with G.R. Case No. 250 of 2009 (Shahkund P.S. Case No. 16 of 2009). Devendra/ ( Rajendra Kumar Mishra, J. )