IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2114 of 2009 BINOD KUMAR Versus THE STATE OF BIHAR ----------- 5 27.8.2009 Heard counsel for the petitioner and the counsel appearing for the State. Offence alleged is under Section 379 of the Indian Penal Code read with sections 39/44 of the Electricity Act. As per the allegation, the business premises of one Binod Kumar where Ice Cream machine is being run was raided and it was found that one 10 HP electric run motor, starter, ceiling fan and tube light were being used without taking electricity connection. As per the First Information Report, it caused loss of Rs.1,65,00/- to the Bihar State Electricity Board. Counsel for the petitioner submits that the premises in question belongs to the petitioner but it was taken on rent by Binod Sao, Son of Mahendra Sao. At the time when the premises was taken on rent, one of the clauses of the agreement is that in case of electric connection is effected, the second party ( the tenant will be responsible for that ). Counsel for the petitioner submits that during the course of investigation also it has come that the - 2 - tenant is responsible. Considering these facts, the prayer for anticipatory bail on behalf of Binod Kumar,Son of Shiv Nandan Prasad is allowed. Let the petitioner surrender before the Court below within a period of four weeks, when he shall be enlarged on anticipatory bail on furnishing bail bonds of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nawada in connection with Nawada (Kadirganj) P.S. case No. 251 of 2007, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Mridula Mishra,J.) A.Kumar