IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.18815 of 2010
MONAWWAR ALI .
S/p Late Jalil Ahmad resident of Muhalla Jabbar Chak Sahadat Hussain
Lane P.S. Tatarpur Dist. Bhgalpur
Versus
STATE OF BIHAR .
with
Cr.Misc. No.18195 of 2010
TUOQEER AHMAD @ PAPPU .
S/o late Aziz Ahmad @ Nawab Saheb resident to Nawab Palace
Sahadat Hussain Lane Mohalla Tatarpur P.S. Tararpur Dist. Bhagalpur
Versus
STATE OF BIHAR .
Petitioners
Versus
THE STATE OF BIHAR
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3/ 23.06.2010 Both the applications have been heard together and are
being disposed of by this common order.
Heard learned counsel for the petitioners and the counsel for
the State.
These are applications for anticipatory bail for the offences
under sections 135, 136 and 137 of the Electricity Act.
Allegation against petitioner-Monawwar Ali (Cr. Misc. no.
18815 of 2010) is that he has committed theft of electricity of Rs
25,112/-.
Learned counsel for the petitioner submits that he is ready to
pay the amount subject to the condition that if he succeeds in the trial
the amount may be returned and further contends that amount may be
paid in instalments.
Having regard to the nature of the allegation, petitioner
Monawwar Ali is ordered to be released on anticipatory bail in the
event of his arrest or surrender within two weeks from today in
-2-
connection with Bhagalpur Kotwali (Tatarpur) P.S. Case no. 103 of
2010 on furnishing bail bond of Rs 10,000/- (rupees ten thousand)
with two sureties of the like amount each to the satisfaction of the
Chief Judicial Magistrate, Bhagalpur with condition that he will
deposit an amount of first instalment of Rs 15,000/- in the office of
the Electricity Board and produce receipt before the trial court to its
satisfaction on the date of presenting the bail bond and further
condition that the bail bond shall be confirmed if rest amount of Rs
10,112/- be deposited by him within a month of the acceptance of
bail bond and further that amounts so deposited shall be returned in
case the case ended in acquittal on merit without giving a benefit of
doubt and petitioner succeeds and subject to the condition as laid
down under section 438(2) of the Code of Criminal Procedure. The
Electricity Board is directed to accept the amount.
So far allegation against petitioner-Touqeer Ahmad @
Pappu (Cr. Misc. no. 18195 of 2010) is concerned, it is alleged that he
has committed theft of electricity of Rs 75,336/-
Learned counsel for the petitioner submits that he is ready to
pay the amount subject to the condition that if he succeeds in the trial
the amount may be returned and further contends that amount may be
paid in instalments.
Having regard to the nature of the allegation, petitioner
Touqeer Ahmad @ Pappu is ordered to be released on anticipatory
bail in the event of his arrest or surrender within two weeks from
today in connection with Bhagalpur Kotwali (Tatarpur) P.S. Case no.
-3-
103 of 2010 on furnishing bail bond of Rs 10,000/- (rupees ten
thousand) with two sureties of the like amount each to the satisfaction
of the Chief Judicial Magistrate, Bhagalpur with condition that he will
deposit an amount of first instalment of Rs 20,000/- in the office of
the Electricity Board and produce receipt before the trial court at the
time of submission of bail bond to the satifaction of the court below
and further condition that petitioner shall again deposit amount of Rs
15,000/- in two equal instalments at an interval of one month each the
amounts so paid shall be subject to condition that if he succeeds in the
case, i.e. acquittal on merit that he has not committed theft of
electricity then the amounts will be returned to the petitioner.
However bail granted is further subject to the condition as laid down
under section 438(2) of the Code of Criminal Procedure. The
Electricity Board is directed to accept the amount.
shahid (Gopal Prasad,J)