IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.884 of 2009 1. BINOD KUMAR, SON OF RAMESHWAR PRASAD, RESIDENT OF CHOTAPAREUAA, BLOCK ROAD, RAXAUL, P.S. RAXAUL, DISTRICT – MOTIHARI, EAST CHAMPARAN. 2. AWDHESH KUMAR, SON OF BRIGUNATH PRASAD, RESIDENT OF MOHALLA – PATEL PATH, P.S. RAXAUL, DISTRICT – MOTIHARI, EAST CHAMPARAN. ..................... PETITIONERS. Versus 1. THE STATE OF BIHAR THROUGH BIHAR STATE ELECTRICY BOARD, PATNA. 2. THE ELECTRICAL EXECUTIVE ENGINEER, RAXAUL, EAST CHAMPARAN. ...................... OPP. PARTY. ----------- For the Petitioners :- Mr. L. N. Das, Advocate. For the O.P. :- Mr. Anand Kumar Ojha, Advocate. For the State :- Mr. Amarendra Prasad, A.P.P. 05/ 10.01.2011 Heard. Learned counsel for the petitioners submits that in a case of theft of electricity, the loss assessed to the tune of Rs.13,824/- and Rs.5,000/- has already been paid and hence the offence requires to be compounded. Learned counsel for the Electricity Board, however, contends that for compounding the case the petitioners are required to pay the compounding amount as assessed by the authority empowered by the Government as envisaged under Section 152 of the Electricity Act, 2003 and it has been submitted that DGM of the concerned area, is required to levy the compounding 2 amount in accordance with law and the case can only be compounded after depositing the said levy amount as enshrined in Section 152 of the Electricity Act, 2003. Learned counsel for the petitioners is ready to pay the compounding amount as assessed and levied by the DGM for compounding the case as the loss assessed for theft of the electricity has already been deposited. Hence, in view of the above submissions, the case is disposed of with a direction that the petitioner shall approach the DGM of the concerned area and the DGM of the concerned area shall assess the levy for compounding the offence and on payment of the said compounding levy the case shall be compounded in accordance with law and in that view of the matter the criminal miscellaneous petition is hereby disposed of. Kundan (Gopal Prasad, J.)