VIKASH JAIN, J.

1. Heard learned Senior Counsel for the petitioners and learned counsel for the respondent no. 3.

2. The present writ petition has been filed against the orders dated 25.02.2010 and 30.08.2011 passed by the Electrical Inspector, Bihar, Patna-cum-Appellate Authority (Respondent No. 2) in Appeal No. 8 of 2010.

3. The short facts of the case according to the petitioner are that the officers of the Bihar State Electricity Board (succeeded by Bihar State Power Holding Company Ltd., hereinafter referred to as 'the Board') inspected the premises of the consumer Sri Sunil Kumar (Respondent No. 3) on 19.11.2009 and found that theft of electrical energy was committed by tapping one of the three phase wires and bypassing the meter. An FIR was lodged under Section 135 of the Electricity Act, 1910 (hereinafter referred to as 'the Act') and the meter seized, removed and sealed along with the wire used for bypassing the meter. A provisional assessment order was passed on 23.11.2009, assessing the loss amount of Rs. 3,81,568/- caused to the Board. The very next day on 24.11.2009, the private respondent no. 3 deposited the loss amount by cheque and further also deposited the