IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.41749 of 2008 1. Nunulal Vishwakarma 2. Gurudeo Vishwakarma Both sons of Radhey Vishwakarma, resident of Village Etahari, P.O. Bichwe, P.S. Chanan, District Lakhisarai .. Petitioner Versus The State of Bihar .. Opposite Party **** /3/ 15.01.2009 Heard the counsel for the petitioner and the State. 2. Prayer for anticipatory bail on behalf of petitioner no. 2, Gurudeo Vishwakarma, has become infructuous as he has already taken into custody. It is dismissed as infructuous 3. Allegation against the petitioner no. 1, Nunulal Vishwakarma, is that he consumed electricity by theft and causing loss of revenue to the tune of Rs.1.25 laks to the Bihar State Electricity Board. Counsel for the petitioner submits that the amount, Rs.1.25 lakhs, has been assessed without any proper verification. Petitioner has not committed theft of electricity. He had applied for electrical connection that was delayed, as such, he was running his flour mill using generator. Petitioner is ready to make - 2 - payment of partial money, which is alleged to be the loss caused to the Electricity Board. 4. Considering the facts, the prayer for grant of anticipatory bail on behalf of the petitioner no. 1, Nunulal Vishwakarma,is allowed. He is directed to be released on anticipatory bail, in case of his surrender before the Court concerned within four weeks from today, on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Lakhisarai (Chanan) P.S. Case No. 208 of 2008 to the satisfaction of the Chief Judicial Magistrate, Lakhisarai, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code. 5. The petitioner is directed to make payment of Rs.25,000/- on his appearance before the concerned Court. The money paid by the petitioner will be subject to the final assessment made by the authorities of the Electricity Board on objection of the petitioner as well as the final outcome of Lakhisarai (Chanan) P.S. Case No. 208 of 2008. S.A. ( Mridula Mishra, J.)