IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35572 of 2010 MOHAN PRASAD PATHAK Versus STATE OF BIHAR ----------- 2 16.11.2010 Heard learned counsel for the petitioner as well as learned counsel for the State Petitioner namely, Mohan Prasad Pathak apprehends his arrest in connection with Buxar (T) P.S. Case No.50 of 2010 registered under Section 379 of the I.P.C. and 39/44 of the Electricity Act. Allegedly, petitioner was illegally consuming electric energy by fixing Toka in main line causing injury to electricity Board to the tune of rupees thirty five thousand. Learned counsel for the petitioner drew my attention towards Annexure-2 and submits that after the aforesaid raid petitioner filed a petition before Electricity Department mentioning this fact that seized wire was not belonged to the petitioner and as a matter of fact the case was lodged against the petitioner under misconception. He, further submits that on the basis of aforesaid application, the matter - 2 - was enquired by the Electricity Department and it was found that the above stated case was lodged under misconception. Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail application is allowed and it is ordered that petitioner, namely, Mohan Prasad Pathak, in the event of arrest/surrender within 30 days from the date of communication of this order to the concerned court in connection with Buxar (T) P.S. Case No.50 of 2010, shall be released on bail on furnishing bail bonds of Rs.10,000/-(ten thousand) with two sureties of the like amount each, to the satisfaction of Chief Judicial Magistrate, Buxar, subject to condition as laid down under Section 438(2) of the Cr.P.C. It is also made clear that fine was imposed upon the petitioner in the above stated case shall remain stayed till the disposal of the case. PN/- ( Hemant Kumar Srivastava,J.)