Pramod Singh v. The State Of Bihar Through Its Executive Electricity Engineer, Bhagalpur

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.137 of 2025 Arising Out of PS. Case No.-123 Year-2024 Thana- KHARIK District- Bhagalpur ====================================================== Pramod Singh S/o- Late Satyanarayan Singh Village- Chorhar Surha PsKharik Dist- Bhagalpur ... ... Petitioner/s

Versus

1.

The State of Bihar through its Executive Electricity Engineer, Bhagalpur Bihar 2.

The Sub Divisional Officer, Electricity Dept., Sub Division, Naugachiya, Bhagalpur Bihar 3.

The Assistant Electricity Engineer, Electricity Engineer, Electricity Distribution Lower- Division Bihar 4.

The Senior Superintendent of Police, SSP, Bhagalpur Bihar 5.

The Superintendent of Police, Naugachia Bihar 6.

The State of Bihar through Managing Director, South Bihar Power Distribution Company Ltd. Bihar 7.

The State of Bihar through Chairman cum MD Bihar State Power Holding Company Ltd. Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rakesh Kumar Singh For the Respondent/s :

Mr.S.C.6 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 07-07-2025 Heard learned counsel for the petitioner, learned counsel for the State and the learned counsel for the electricity company.

2. This application has been filed for seeking following reliefs:

(i) For Quashing of F.I.R. bearing Kharik P.S.Case no.123/2024 dated 12.06.2024 registered for the offence under section 135 of Electricity Act, 2003 against the present petitioner.

Patna High Court CR. WJC No.137 of 2025(2) dt.07-07-2025 2/2 (ii) For setting aside of penalty order amounting to Rs.4,57,600/- (Four lakh fifty seven thousand and six hundred only) dated 12.06.2024 against the Consumer/Service Connection no. 243204642958 of the petitioner issued by the signature of Shri Barun Kumar Additional Electricity Engineer (AEE) (Respondents no.3 herein) (iii) For directing the respondents no.1 to 3 to assess the Electricity meter of the petitioner bearing no.SB6995798 installed against Consumer/Service connection no.

243204642958 (iv) For directing the respondents no.1 to 3 to forthwith restore the electricity connection of the petitioner in order to enable him to earn his livelihood by making operational his Atta Chakki (Flour mill)

3. For setting aside of the penalty order, the petitioner can prefer writ application.

4. So far as the quashing of the FIR is concerned, in a case of electricity theft, this Court will not quash the FIR on merits considering the defence of the petitioner.

5. In these circumstances, this application is disposed of with liberty to the petitioner to raise all the grounds at an appropriate stage, if charge-sheet is submitted. (Sandeep Kumar, J) anand/- U T