IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45162 of 2008 VIJAY KUMAR GUPTA SON OF LATE RAM GUPA RESIDENT OF GURGA VIHAR,CHOWK,P.S.CHOWK TOWN, PATNA CITY,DISTRICT PATNA Versus STATE OF BIHAR ----------- 2/ 8.12.2008 Heard learned counsel for the petitioner and learned counsel appearing for the Vigilance. The petitioner seeks bail in a case which has been registered for offences under Sections 166,109,119,406,420,465,467,468 and 120 of the Indian Penal Code and Sections 135 and 138 of the Electricity Act read with Sections 13(1)(d) of the Prevention of Corruption Act, 1988. Enquiry discloses that M/s. Dadiji Steels Limited, Sabalpur, Patna has committed electric energy theft and the amount involved is innumerous. This was done by various modes and in that the petitioner was in conspiracy with the officials of Electricity Board who were the public servants. The petitioner has managed to obtain agreement with the Board Officials under conspiracy and he has taken advantage of Section 11(4) of the Bihar Electricity Supply Code,2007. Submission of the learned counsel for the petitioner is that in terms of clause 11(4) of the Bihar Electricity Supply Code, 2007 the petitioner has made voluntary disclosure of tampered meter and under this valid disclosure and under this clause, the petitioner has made legal and valid disclosure. It is incorrect that the petitioner has obtained favourable tariff fixed because rate of induction furnace mill and rolling mill are same. The petitioner has not violated any clause of the Electricity Act. Further submission 2 is that the report of C.P.R.I., Bhopal indicates that all the seals of the meter were found intact. The ultrasonically wielded strip on both the sides of the meter were also found intact. It is also submitted that the petitioner has paid heavy amount of electricity bill to the Board as the amount involves in crores. No official of the Electricity Board has been made accused in this case. The petitioner is an old man and having a number of health complications and he is in jail custody since 22.9.2008. While opposing the prayer for bail, learned counsel appearing for the Vigilance submits that it is a case of monetary beneficiary with the conspiracy of some officials of the Electricity Board and the conspiracy angle is being looked into. The petitioner has got benefit of crores due to illegal activity. The enquiry has disclosed that the petitioner has tampered with the meter and the report of C.P.R.I,Bhopal is clear that the tamper of the meter was done in the month of March,2008. The meter records this tampering if the meter has been bypassed from outside or inside the meter. Further submission is that the voluntary disclosure of the petitioner is also in furtherance of conspiracy with the public servants of the Electricity Board. The petitioner has dues of Rs.23 crores by way of punitive bill and if the petitioner will be released, there is likelihood of tampering with the evidence. It appears that the petitioner has voluntary disclosed the tampered meter in view of Clause 11(4) of the Bihar Electricity Supply Code ,2007 3 and in spite of that he is in custody since September,2008. From the supplementary affidavit filed on behalf of the petitioner it appears that in almost similar type of cases, the accused have been even granted anticipatory bail by the court below itself. Without expressing any opinion with regard to the merit of the case and in the facts and circumstances of the case, the above named petitioner is ordered to be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge (Vigilance I), Patna in Special Case No. 43 of 2008 arising out of Vigilance P.S.Case No. 67 of 2008. However, the Electricity Board shall be at liberty to realize the amount in accordance with law which is due against the petitioner. D Tahir/- ( Shyam Kishore Sharma, J.)