IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18815 of 2010 MONAWWAR ALI . S/p Late Jalil Ahmad resident of Muhalla Jabbar Chak Sahadat Hussain Lane P.S. Tatarpur Dist. Bhgalpur Versus STATE OF BIHAR . with Cr.Misc. No.18195 of 2010 TUOQEER AHMAD @ PAPPU . S/o late Aziz Ahmad @ Nawab Saheb resident to Nawab Palace Sahadat Hussain Lane Mohalla Tatarpur P.S. Tararpur Dist. Bhagalpur Versus STATE OF BIHAR . Petitioners Versus THE STATE OF BIHAR ----------- 3/ 23.06.2010 Both the applications have been heard together and are being disposed of by this common order. Heard learned counsel for the petitioners and the counsel for the State. These are applications for anticipatory bail for the offences under sections 135, 136 and 137 of the Electricity Act. Allegation against petitioner-Monawwar Ali (Cr. Misc. no. 18815 of 2010) is that he has committed theft of electricity of Rs 25,112/-. Learned counsel for the petitioner submits that he is ready to pay the amount subject to the condition that if he succeeds in the trial the amount may be returned and further contends that amount may be paid in instalments. Having regard to the nature of the allegation, petitioner Monawwar Ali is ordered to be released on anticipatory bail in the event of his arrest or surrender within two weeks from today in - 2 - connection with Bhagalpur Kotwali (Tatarpur) P.S. Case no. 103 of 2010 on furnishing bail bond of Rs 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhagalpur with condition that he will deposit an amount of first instalment of Rs 15,000/- in the office of the Electricity Board and produce receipt before the trial court to its satisfaction on the date of presenting the bail bond and further condition that the bail bond shall be confirmed if rest amount of Rs 10,112/- be deposited by him within a month of the acceptance of bail bond and further that amounts so deposited shall be returned in case the case ended in acquittal on merit without giving a benefit of doubt and petitioner succeeds and subject to the condition as laid down under section 438(2) of the Code of Criminal Procedure. The Electricity Board is directed to accept the amount. So far allegation against petitioner-Touqeer Ahmad @ Pappu (Cr. Misc. no. 18195 of 2010) is concerned, it is alleged that he has committed theft of electricity of Rs 75,336/- Learned counsel for the petitioner submits that he is ready to pay the amount subject to the condition that if he succeeds in the trial the amount may be returned and further contends that amount may be paid in instalments. Having regard to the nature of the allegation, petitioner Touqeer Ahmad @ Pappu is ordered to be released on anticipatory bail in the event of his arrest or surrender within two weeks from today in connection with Bhagalpur Kotwali (Tatarpur) P.S. Case no. - 3 - 103 of 2010 on furnishing bail bond of Rs 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhagalpur with condition that he will deposit an amount of first instalment of Rs 20,000/- in the office of the Electricity Board and produce receipt before the trial court at the time of submission of bail bond to the satifaction of the court below and further condition that petitioner shall again deposit amount of Rs 15,000/- in two equal instalments at an interval of one month each the amounts so paid shall be subject to condition that if he succeeds in the case, i.e. acquittal on merit that he has not committed theft of electricity then the amounts will be returned to the petitioner. However bail granted is further subject to the condition as laid down under section 438(2) of the Code of Criminal Procedure. The Electricity Board is directed to accept the amount. shahid (Gopal Prasad,J)