IN THE HIGH COURT OF JUDICATURE AT PATNA Cr Misc No 16354 of 2010 Rajal Yadav @ Rajendra Yadav, son of Giro Yadav @ Faudi Yadav, Resident of village – Jagarnathpur, P S – Kahalgaon, Dist - Bhagalpur - Petitioner Versus State of Bihar - Opposite Party ----------- 2 20.05.2010 Petitioner apprehends arrest in Kahalgaon Police Staton Case No 575 of 2009 instituted under Section 135 of the Electricity Act. It is alleged that on 17.12.2009, an inspection was conducted at the premises of the petitioner wherein it was found that he was allegedly operating an Anta Chakki with a 10 HP motor unauthorisedly by taking electricity directly from the mains of the Board. Petitioner submits that the allegation is wrong inasmuch as neither motor nor any electrical equipment has been seized. What has been seized is only three pieces of wire. There is no STF inspection report as statutorily required to be prepared nor any provisional assessment as contemplated under Section 126 or final assessment has been made. In any view of the matter, on petitioner’s apprehension or surrender in the Court below within four weeks from today, he shall be released on bail of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhagalpur in Kahalgaon Police Station Case No 575 of 2009 subject to all conditions as laid down in Section 438 (2) of Criminal Procedure Code on 2 a further condition that he would deposit Rs 10,000/- (Rupees Ten Thousand) per month without fail for the next 10 months regularly within first week of each month or by deposit of Rs 75,000/- within one month as petitioner may consider it fit which shall be without prejudice to the right of the petitioner. M.E.H./ (Navaniti Prasad Singh)