IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7458 of 2010 MD.MUMTAJ Versus STATE OF BIHAR ----------- 3 16.4.2010 Heard Mr. Yogesh Chandra Verma, learned Sr. counsel appearing on behalf of the petitioner and Mrs. Rita Verma, learned A.P.P. for the State. Petitioner apprehends his arrest in connection with Rahika P.S. Case No.167/09 dated 11.12.2009 registered under section 279 of the Indian Penal Code and 135 Electricity Act. According to the prosecution case petitioner is alleged to have committed theft of electricity by way of taking illegal electric connection for running his flour/rice mill since long and thereby he is alleged to have caused a loss of Rs. 7, 26205/- to the Bihar State Electricity Board. Learned counsel appearing on behalf of the petitioner submits that petitioner is an old man and has been falsely implicated in the present case because of fact that he refused to oblige the staff of Electricity Board. He further submits that there is absolutely no basis for coming to a conclusion about the quantum of amount fixed by the informant i.e. Rs. 7, 26,205/-. However, without going into the merit of the case he has fairly stated that his client is prepared to deposit an amount of Rs. 5, 00,000/- in the court below in installments subject to out come of the trial of the petitioner. Learned counsel for the State has opposed the prayer for anticipatory bail but has fairly conceded that if the aforesaid amount of Rs. 5,00,000/- is deposited by the petitioner in the court below then his prayer for anticipatory bail may be considered favourably. - 2 - In the aforesaid back ground the petitioner is directed to deposit Rs. 5,00,000/- in all in the court below which will be subject to out come of the trial of the petitioner but in the meantime that amount may be given to the Bihar State Electricity Board on an undertaking to return , if so required. The undertaking will be to the satisfaction of the learned court below. Out of the total amount of Rs. 5,00000/- the petitioner shall deposit the first installment of Rs. 2,00000/- within a period of four weeks from today and the remaining amount of Rs. 3,00,000/- shall be deposited within a period of three months thereafter @ Rs. 1,00000/- per month. If the first installment of Rs. 2,00,000/- is deposited within a period of four weeks from today, then the above named petitioner in the event of his arrest or surrender in the court below within the aforesaid period, shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of C.J.M, Madhubani in the above noted case, subject to the conditions laid down under section 438(2) Cr.P.C. and subject to further condition that balance amount of Rs. 3,00000/- shall be deposited by the petitioner within three months thereafter as indicated above. Non deposit of aforesaid amount within the time fixed would be construed as misuse of the privilege of bail and the court below shall be entitled to cancel the bail bond of the petitioner on that ground alone and in that case, petitioner will have to seek his regular bail on its own merit. (Birendra Prasad Verma, J) M.Rahman