IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8360 of 2011 RAJEEV SRI KRISHNA @ RAJEEV KUMAR SHRIKRISHNA SON OF SRI KASHI NATH SINGH. Versus THE STATE OF BIHAR THROUGH VIG with Cr.Misc. No.8380 of 2011 ANIL KUMAR DAS SON OF SRI NAND KISHORE DAS. Versus THE STATE OF BIHAR THROUGH VIG with Cr.Misc. No.8768 of 2011 HARI SAH SON OF SRI RAM EKBAL SAH. Versus THE STATE OF BIHAR, THROUGH IT with Cr.Misc. No.10118 of 2011 BINOD PRASAD SON OF SIBNATH SAH. Versus THE STATE OF BIHAR THROUGH VIG ----------- 2 01.04.2011 Heard learned counsels for the petitioners and the State. The petitioners being the Junior Engineer, Assistant Engineer and rice mill owners are apprehending their arrest in a case registered under Sections 406, 420, 407, 468 and 120B of the Indian Penal Code and Section 135, 136 and 138 of the Electricity Act and Section 13(2) (1) read with Section 13(1) (d) of the Prevention of Corruption Act. It is alleged against the rice mill owners that they were consuming the electricity illegally in 2 connivance with the engineers of the Electricity Department. It is submitted on behalf of the learned Sr. counsel for the petitioners that initially, the raid was conducted by the team of Engineers of Electricity Department, the seizure was made and after more than a year of the seizure, the present case has been lodged. It is submitted by learned counsel for the rice mill owners that when they raised objection with regard to the seizure dated 06.02.2009 and filed writ application, thereafter the present case was lodged on 24.11.2010, then the Vigilance took up the case on 29.11.2010. It is also submitted that other accused persons have been granted anticipatory bail. Considering the fact that initial measure to check the electricity theft was taken by the engineers of the Electricity Department, let the above named petitioners, be released on anticipatory bail, in the event of their arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the 3 satisfaction of the learned Spl. Judge, Vigilance 1st, Patna in connection with Spl. Case No. 51 /2010 arising out Vigilance P.S. Case No. 80 of 2010, subject to the conditions as laid down under Section 438(2) Cr.P.C. It is expected from the Electricity Department to make assessment of loss and supply the bill to the rice mill owners within a stipulated time of one month. It is also expected that the bill will be paid by rice mill owners within the stipulated time. If any default will be made in raising the bills and depositing of the same, that will give liberty to the Vigilance to file an application for cancellation of the bail of the petitioners. Amrendra/- (Dinesh Kumar Singh, J.)