IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24923 of 2009 1. DHARMENDRA KR.SINGH @ DHARMENDRA SINGH, SON OF RAM NARAIN SINGH @ NANMUTAR MAHTO, RESIDENT OF GAUSALA ROAD, DUMRAON, P.S. DUMRAON, DISTRICT- BUXAR. ----- PETITIONER Versus THE STATE OF BIHAR ----- OPPOSITE PARTY ----------- 2 12.8.2009 Heard learned counsel for the petitioner and the counsel appearing on behalf of the Electricity Board. This application has been filed challenging the order dated 17.6.2009 passed by The Additional District & Sessions Judge-I, Buxar in A.B.P. No. 228 of 2009/53 of 2009 by which the Court has imposed the condition that the petitioner has to pay Rs. 1,00,000/- for the purpose of being granted anticipatory bail in a case under Section 135 of the Electricity Act, 2003. The total amount of fine along with the cost of alleged theft of electricity imposed against the petitioner is 1,42,659/-. The dues are disputed and the petitioner claims that in fact he had not misused the electricity. These facts obviously are not going to be decided by this Court or Court granting bail however, the condition while 2 granting anticipatory bail should be such which is liable to be fulfilled by the petitioner and if the condition for grant of anticipatory bail is beyond the scope of fulfillment then it would amount to actually passing an order rejecting the bail. I, therefore, remand this matter back to the Additional District & Sessions Judge-I, Buxar to reconsider the anticipatory bail and if the Court finds that the petitioner otherwise deserves the privilege of anticipatory bail it may impose reasonable condition for grant of anticipatory bail. Until such time the bail application is heard and disposed of, no coercive steps should be taken against the petitioner. This application is disposed of with the aforesaid observations. Learned counsel for the petitioner should deposit the cost of FAX for communicating this order to the Additional District & Sessions Judge-I, Buxar in Dumraon P.S. Case No. 75 of 2009. Sanjay (Sheema Ali Khan, J.)