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2007 Supreme(Pat) 48

S.P.SINGH
Gopal Sao – Appellant
Versus
State Of Bihar – Respondent


Judgment

S.P.Singh, J.

1. Heard learned counsel for the parties By instant quashing application under Sec. 482 Cr.P.C. the petitioners seek modification of the order dated 26.9.06 passed by the learned session Judge in A.B.P. NO. 3668/06, arising out of Maner P.S. Case No. 175/06 u/s. 39/44 of the Indian Electricity Act read with Sec. 379 of the Indian Penal Code, 1860.

2. The prosecution case in short is that the petitioners committed theft of electrical energy caused loss of Rs. 15,000.00 each to the Board. It was alleged that the petitioners were consuming one kilowatt electrical energy stealthily by tapping wire by main LT line. The petitioners, apprehending their arrest, moved the sessions Judge for anticipatory bail wherein they showed their willingness and readiness to deposit the loss suffered by the Board in instalments. In view of the willingness of the petitioners to deposit loss suffered by the Board, the learned sessions Judge allowed privilege of anticipatory bail on deposit of Rs. 5,000.00 at the first instance within a month and thereafter to deposit remaining Rs. 25,000.00 in five instalments.

3. The petitioner now seek modification of the abovementioned order. In s



















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