IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39670 of 2009 KUMAR PANKAJ son of Shri Braj Bhushan Prasad, resident of Sheochak Mal, P.S.Mahandiganj Distt-Patna. Versus THE STATE OF BIHAR ----------- 2. 23.11.2009. Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State. The petitioner is accused in By-Pass P.S.Case No.79 of 2008 for the offence punishable under sections 135 of the Electricity Act. Substance of allegation against the petitioners is of committing theft of electricity energy. Learned counsel for the petitioner submits that the allegation is entirely incorrect. He further submits that the petitioner had moved this Court by filing C.W.J.C.No.508 of 2009 assailing the finding of the inspection report regarding the theft of energy and a Bench of this Court by order dated 26.2.2009, disposed of the writ petition with a direction to the petitioner to deposit a sum of Rs.6 lacs in three equal instalments and whereupon his electricity connection was 2 directed to be restored. It was further directed that the entire issue would be subject to the decision of the criminal court in terms of section 154(5) of the Electricity Act. In the aforesaid view of the matter, learned counsel for the petitioner submits that since the issue itself has been remitted for consideration before the court concerned and is subject matter of final adjudication, the petitioner has been unnecessarily kept in custody. Having regards to the facts and circumstances of the case as set forth, let petitioners Kumar Pankaj be released on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Patna City, Patna in connection with By-Pass P.S.Case No.79 of 2008, subject to condition that one of the bailors would be his father and that the petitioner would be attending the court below on each and every date fixed and on failure on his part to attend the court on two consecutive dates fixed without reasonable explanation to the 3 satisfaction of the court below, the court below shall be at liberty to initiate proceedings for cancellation of his bail bond and for taking him into custody. ahk (Jyoti Saran,J.)