IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22554 of 2009 1. UDAI KUMAR CHAUDHARY @ UDAY SHANKAR CHAUDHARY 2. CHANDESHWAR SAH Versus STATE OF BIHAR ----------- 2 11.09.2009 Two petitioners have approached this court seeking anticipatory bail in a case instituted under Section 397 of Indian Penal Code and Sections 39/44 of Electricity Act. Allegation is that on account of commission of theft of energy, the Board sustained a loss of Rs. 15,000/-. Contention is that the house/shop fell in the share of brother of petitioner no. 1. His brother deposited the said amount of Rs. 15,000/- in the year 2001 itself. The police on conclusion of the investigation did not send up the petitioners. The court, however, differed with the report and took cognizance. It is contended that no summon/notice was ever issued/served. This court finds that cognizance in the case was taken in the year 2003 itself. There is, therefore, unexplained delay in approaching this court seeking protection. Let the petitioner appear in the court below and apply for regular bail which shall be considered on its own merit having regard to the facts stated before this court and the materials available on record. While disposing of the application, the court below shall be unprejudiced by the 2 present order. The application is, accordingly, disposed of. pkj ( Kishore K. Mandal, J. )