IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31826 of 2008 JAGAT GOPE Versus STATE OF BIHAR ------------- For the petitioner - Mr. Awadhesh Pd. Sinha, Adv. For the State - Mr. Binod Kumar, A.P.P --------- 2. 18/8/2008 Heard learned counsel for the petitioner and learned counsel for the State. Case has been registered under Sections 379 of the Indian Penal Code and Sections 39/44 of the Electricity Act. Learned counsel for the petitioner submits that other persons who were also allegedly caught as per the report dated 21.2.2008 have been granted bail. However, petitioner has not been granted bail and he is in jail custody since 29.5.2008. Learned counsel for the State submits that other co-accused persons have been enlarged on bail as they have deposited the assessed amount of theft of electricity. However, the petitioner has not deposited the amount. In reply to that learned counsel for the petitioner submits that the amount is hefty, therefore, he could not deposit the same and had to remain in jail as he is a poor person. In the facts and circumstances of the case and in view of submissions made on behalf of the parties, petitioner Jagat Gope is directed to be released on bail on furnishing 2 bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Hilsa (Nalanda) in connection with Hilsa P.S. Case No. 68 of 2008 with the condition that petitioner will deposit a demand draft of Rs. 10,000/- in favour of the Electricity Board. The bail bond will be accepted only after depositing the said demand draft. This is further clarified that this I have not formed any opinion with regard to the assessment of the electricity loss committed due to the theft by the petitioner rather the aforesaid amount has been ordered to be deposited for the purpose of grant of bail only. However, it goes without saying that encashment of aforesaid draft will be subject to result of the trial. S.Ali (Dr. Ravi Ranjan, J.)