IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1048 of 2011 NASRUL SEIKH @ MD. NASIR, SON OF BASIR UDDIN, RESIDENT OF VILLAGE-DUMRAMA, POLICE STATION- AMARPUR, DISTRICT-BANKA…………………PETITIONER. Versus THE STATE OF BIHAR…………………..OPPOSITE PARTY. ----------- For the Petitioner : Mr. Ajay Mukherjee, Advocate. For the State : Mr. H.A. Khan, A.P.P. -------- 2. 14.1.2011. Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 39, 44 and 135 of the Electricity Act besides Section 379 of the Indian Penal Code. It has been submitted on behalf of the petitioner that he is running a cycle repairing shop and it cannot be imagined that he will consume the electricity illegally. However, learned counsel for the petitioner submits that the petitioner is ready to make the payment of the amount assessed by the Electricity Department, which is Rs.34020/- only, in three installments. Learned A.P.P. for the State submits that the 2 petitioner was consuming electricity by illegal means and the loss is of Rs.34020/- Having considered the facts and the circumstances of the case, let the petitioner, Nasrul Seikh @ Md. Nasir, in the event of his arrest or surrender by him within four weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Banka, in connection with Amarpur P.S. Case No.150 of 2010, subject to the condition laid down under Section 438(2) Cr.P.C. and on further condition that, as per his undertaking, the petitioner shall pay the entire assessed amount of Rs.34020/- due to the Electricity Board in three installments. First Installment of Rs.14020/- should be deposited before the court below by the petitioner at the time of his surrender before the court concerned upon which he shall be released on bail on the aforesaid conditions. Thereafter, the petitioner shall deposit Rs.20,000/- in two installments of Rs.10,000/- each every subsequent month thereafter before the court concerned, failing which the court concerned would take steps for cancellation of his bail bonds. The concerned authority/ Electricity Board would 3 be at liberty to withdraw the aforesaid amount, however, the withdrawal of the amount would be subject to the result of the case. If the petitioner violates the aforesaid conditions, the court concerned would take steps for cancellation of his bail bonds. P.S. ( Dr. Ravi Ranjan, J)