Arun Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13085 of 2025 Arising Out of PS. Case No.-43 Year-2024 Thana- NARDIGANJ District- Nawada ====================================================== Arun Kumar Son of Sant Prasad Singh @ Sant Prasad Resident of Village - Koshla, P.S. - Nardiganj, District - Nawada ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Chairman Bihar State Electricity Board, Bihar, Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Aryan Singh, Advocate For the Opposite Party/s :
Mr. Syed Ehteshamuddin, A.P.P.
Mr. Padma Deo Narayan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-06-2025 Heard learned counsel for the parties.
2. Petitioner apprehends arrest in a case registered for the offence punishable under Section 135 of the Indian Electricity Act.
3. It is a case of electricity theft. Petitioner is alleged to have caused loss of Rs. 4,17,023/- to the electricity department by consuming electricity illegally by direct hooking along with non-payment of dues of Rs. 36,035/-. The total amount including loss and dues is Rs. 4,53,058/-.
4. After some arguments, learned counsel for the petitioner, without admitting his guilt, undertakes to refund 50% of the entire alleged amount i.e. Rs. 2,26,529/- (Two Lac Twenty-Six Thousand Five Hundred Twenty-Nine) to the
Patna High Court CR. MISC. No.13085 of 2025(4) dt.24-06-2025 2/3 concerned authority in easy installments.
5. Considering the aforesaid contention made on behalf of the petitioner, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (Electricity), Magadh Area, Gaya in connection with Nardiganj P. S. Case No. 43 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure with direction to the petitioner that :- (i) Petitioner shall deposit Rs. 1,25,000/- (Rupees One Lac Twenty Five Thousand) through Bank Draft in the office of Assistant Engineer (Revenue), Gaya and produce receipt of the same at the time of furnishing bail-bond.
(ii) Thereafter, rest amount i.e., Rs. 1,01,529/- (Rupees One Lac One Thousand Five Hundred Twenty-Nine) shall be deposited in two equal installments of Rs. 50,764.50/- (Rupees Fifty Thousand Seven Hundred Sixty-Four and Fifty Paise) each within a period of three months through Bank Draft in the office of Assistant Engineer (Revenue), Gaya, failing
Patna High Court CR. MISC. No.13085 of 2025(4) dt.24-06-2025 3/3 which, the learned court below would be at liberty to cancel the bail-bond.
6. It is made clear that without going into the merit of the case, this order has been passed for the purpose of bail and payment of aforesaid amount shall be subject to final outcome of the case.
(Prabhat Kumar Singh, J) Navya/- U T