IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11085 of 2009 BINAY MAUAR Versus STATE OF BIHAR ----------- 02/ 16.06.2009 Heard learned counsel for the petitioner and learned counsel for the State. This petition for anticipatory bail has been filed by the petitioner, who is an accused for offence punishable under section 135 of the Bihar Electricity Act. Learned counsel for the petitioner submits that the entire allegation is absolutely false and frivolous as the electric connection had been disconnected earlier due to frequent failures and hence the petitioner was running his Chura Mill by diesel engine and not by electric. He further submits that on the same day raid was made upon the premises of the petitioner as well as of another co-accused Kamla Sao but joint assessment was made without considering the claim against each of them, who admittedly had separate premises. Considering the facts and circumstances of this case as well as the arguments of the parties, this petition is allowed. In case of surrender/arrest within fifteen days from the date of receipt of a copy of this order in the court below, the petitioner, namely Binay Mauar shall be released on bail on furnishing bail bond of Rs.10,000.00 (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Barun P.S. Case No.29 of 2009 2 subject to the conditions as laid down under section 438 (2) of the Code of Criminal Procedure. harish/ ( S.N.Hussain, J)