IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39428 of 2010 1. Bipin Kumar son of Ram Chandra Sao, resident of village Kamrapar, Police Station Athamalgola, District Patna 2. Dayanand Lal (Sao) son of Late Bhagirath Sao, resident of village Bahadurpur, Police Station- Athmalgola, District Patna 3. Ram Bachan Singh son of Jago Singh, resident of village Rana Bigha, Police Station Barh, District Patna Versus 1. The State Of Bihar 2. Sri Surendra Kumar, Assistant Electrical Engineer, Bakhtiyarpur, District Patna ----------- 02/ 29.10.2010 Heard learned counsel for the petitioners and the State. It is submitted on behalf of the petitioners that in compliance of the orders of this Court dated 23.8.2010, Annexure-1, his surrender in the court below is not being accepted, as learned Magistrate is insisting that petitioners should also deposit the instalment of electricity dues which has already been deposited by Uday Shankar Prasad, the landlord of the petitioners. It is further submitted on behalf of the petitioners that petitioners, other tenants and his landlord were prosecuted in the instant case for energy theft whereafter reduced demand has been raised, as would appear from letter dated 1.10.2010, Annexure-3 and in the light of the reduced 2 demand contained in letter dated 1.10.2010, Annexure-3, Uday Shankar Prasad is paying the electricity dues. In this connection, it is pointed out that petitioners, Uday Shankar Prasad and other tenants are being prosecuted together for single case of energy theft and the instalment paid by Uday Shankar Prasad is also for the energy consumption by the petitioners and other tenants. Let the aforesaid fact be confirmed by the court below and if correct, petitioners above named be allowed the advantage of order dated 23.8.2010, passed in Cr. Misc. No. 27907 of 2010, Annexure-1. This application is, accordingly, disposed of. Let this order be communicated to the Addl. Chief Judicial Magistrate, Barh in connection with Athmal Gola P.S. Case No. 107 of 2009 through fax on payment of usual charges by the petitioners. Arjun/ ( V. N. Sinha, J.)