IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32107 of 2009 1. Arun Sah, Son of Late Rajeshwar Sah. 2. Jai Prakash Gupta, Son of Arun Sah. Both residents of village-Naya Bhojpur, P.S.-Dumraon, District-Buxar. ………..Petitioners. Versus THE STATE OF BIHAR. ………Opp. Party. ----------- 2/ 30.10.2009 Heard learned counsel for the petitioners and the State. Petitioners are running a flower mill at Dumraon. They are apprehending arrest in connection with Dumraon P.S. case No. 82/2009 instituted for offence under Section 139 of the Electricity Act. As per the allegation in the F.I.R., a motor of approximately 30 H.P. was being run after connecting P.V.C. wire with the electricity pole for consumption of energy. The assessed loss on account of such consumption of electricity is about Rs. 5,54, 808/-. Counsel for the petitioners submits that as per the F.I.R. itself, the mill was not found in running condition as it was locked. The informant presumed the capacity of the motor used for running the mill and so far the assessed loss is concerned, it is presumptive as only when for 8 hours regularly electricity is consumed, there can be loss approximate to loss assessed by the informant. This presumption is completely false, considering the supply of electricity in the area. Considering all these facts and also that the 2 assessment which has been made by the authorities, for that there is no apparent basis, prayer for anticipatory bail on behalf of above named petitioners is allowed. They are directed to be released on bail on their appearance before the court below within a period of four weeks from today and on furnishing bail bonds of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Buxar in connection with Dumraon P.S. Case No. 82/09, on this condition that petitioners will approach the concerned authorities for proper action in this regard, in terms of the amended provision in the Electricity Act within three weeks from the date of petitioners being released on bail. They will personally approach the authorities. Sanjeet/ (Mridula Mishra, J.)