IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3800 of 2010 BINOD KUMAR PATEL son of Ramchandra Patel, Resident of Mohalla Harishabha Chowk, P.S. Miithanpura, Dist. Muzaffarpur …..Petitioner Versus STATE OF BIHAR ----------- 2 3.2.2010 Heard Shri Chitranjan Pd. Sinha learned senior counsel appearing on behalf of the petitioner and A.P.P. The petitioner is apprehending his arrest in connection with Mithanpura P.S. case no. 195 of 2009 registered under sections, 135, 139 of the Electricity Act and under section 379 of the Indian Penal Code. I have perused the first information report as well as order of the learned court below whereby his prayer for anticipatory bail was rejected. From the first information report it is evident that a raid was conducted under the leadership of an Executive Magistrate consisting with other officials including the police officers and during the raid it was found that the generator, the owner of which is petitioner, was being used and without functioning of the said generator the electricity line was being supplied to some of the persons. After detection one person was arrested at the place of occurrence and accordingly the first information report was registered. It was a case of theft of electricity for a huge - 2 - amount. Keeping in view the allegation as discussed in the first information report, I am not inclined to extend the privilege of anticipatory bail to the petitioner. Accordingly, the prayer for anticipatory bail is rejected. However, it is made clear that if the petitioner surrenders before the court below and makes prayer for regular bail, his prayer shall be considered on its own merit without being prejudiced with this order. (Rakesh Kumar, J) M.Rahman