The instant appeal under Section 341 of the Code of Criminal Procedure (for short “CrPC”) has been filed by the appellant against the order dated 5.3.2016 passed by the learned Special Judge, Electricity, Magadh Area, Gaya in Narahat P.S. Case No.143 of 2014 whereby the application filed by the petitioner under Section 340 of the CrPC has been dismissed.

2. Narhat P.S. Case No.143 of 2014 was registered on 26.8.2014 on the basis of a written report submitted by one Anil Kumar Bharti, an Assistant Electrical Engineer, Nawada alleging therein that theft of electricity was being committed by six accused persons named in the FIR. In the said case, in course of investigation, the petitioner was remanded to judicial custody. Since the investigating agency failed to submit a report under Section 173(2) of the CrPC within the statutory period prescribed under Section 167 of the CrPC, as a result of which the petitioner was granted bail under the proviso to Section 167(2) CrPC for the default of the prosecution.

3. The petitioner filed an application under Section 340 of the CrPC in the court of Special Judge, Electricity alleging therein that the informant of the case and other off