IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.1174 of 2008 BHOLA PRASAD SINGH Versus STATE OF BIHAR & ORS ----------- 2. 24.03.2009 This application has been filed with a prayer for quashing the F.I.R. under Marachi P.S. Case No. 28 of 2008 dated 2.7.2008 under Section 135 and 136 of the Indian Electricity Act wherein the allegation is that the petitioner was stealthily consuming electricity and thereby caused a loss of Rs. 6, 37, 500/- to the electricity department. Prayer has also been made for quashing the order dated 10.10.2008 of the learned ACJM, Barh whereby the provisional bail was granted to the petitioner on the condition that he will deposit a sum of rupees 45000/- as first installment and thereafter he will go on depositing a monthly installment of Rs. 45000/- till the realization of remaining amount of loss as indicated in the F.I.R. It appears on depositing first installment of Rs.45000/- the petitioner was released on bound and, thereafter,r he has to deposit the remaining amount as directed by the court below. Prayer has also been made by the petitioner for quashing the bail order dated 10.10.2008 to the extent it directs for depositing a sum of rupees 45000/- every months for the remaining amount. During hearing, the petitioner did not press the matter for quashing of the F.I.R. The learned counsel for the petitioner, however, submitted that that the directions of the court below - 2 - for depositing a sum of rupees 45000/- every months are hard and onerous. The learned counsel for the respondents submitted that whatever of the order was passed by the court below it was for the realization loss of electricity which was caused by the theft of electricity committed by the petitioner. It was also submitted that the petitioner having obtained his release under provisional bail has practically consented to above condition of the depositing of installment as passed by the court below. In view of the submissions, the learned counsel for the petitioner sought permission to withdraw the application with liberty to move before court below for the relief. Permission is granted. The application is dismissed as withdrawn with liberty to the petitioner to make prayer before the court below for proper relief which may be deemed fit and proper under law. (C.M. Prasad, J.) Ravi/-