Ramesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18399 of 2025 Arising Out of PS. Case No.-301 Year-2024 Thana- KUDRA District- Kaimur (Bhabua) ====================================================== Ramesh Singh, son of Basgeet Singh, Resident of Village-Basahi, P.S.-Kudra, District-Kaimur.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gajendra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 16-04-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The accused/petitioner is named in the FIR and apprehending his arrest in connection with Kudra (Kaimur) P.S. Case No.301 of 2024 registered under Section 135 of the Indian Electricity Act.

3. The allegation against the petitioner is to commit theft of electricity, where the outstanding dues was raised for Rs.2,30,312/-

4. It is submitted by learned counsel appearing for the petitioner that petitioner is an owner of of flour mill, where he took electric connection from very beginning. In support of his submission, learned counsel referred to

Patna High Court CR. MISC. No.18399 of 2025(2) dt.16-04-2025 2/3 Annexure-P/2, which is the bill view report of petitioner from where it appears that since December, 2021, petitioner received bill maximum around of Rs.5,000/-. On last occasion i.e. for the bill dues upto 15.07.2024, the petitioner submitted total outstanding amount of Rs. 26,233/- with concerned department but, suddenly, thereafter, for eight months the exorbitant outstanding dues of Rs. 2,27,201/- was raised against this petitioner beside the allegation of theft, which is prima facie not convincing. It is submitted that it may be a case of outstanding dues but it is not a case of theft for the reason that admittedly petitioner having a valid electric connection in his name for premises and activities in issues. It is submitted that the petitioner is a man of clean antecedent. While concluding argument, it is submitted that petitioner is ready to deposit 20% of outstanding dues of Rs.2,30,312/-.

5. Learned APP opposed the prayer for bail of the petitioner.

6. In view of aforesaid facts and circumstances, as the allegation of theft prima facie not appears convincing,

Patna High Court CR. MISC. No.18399 of 2025(2) dt.16-04-2025 3/3 where petitioner having a valid electric connection, where the issues basically transpired related with outstanding dues for which the petitioner is ready to deposit 20% of outstanding dues for the present, accordingly, the petitioner, abovenamed, in the event of his arrest or surrender in the court below within a period of four weeks from today, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Incharge Special Judge (Electricity),Magadh Area, Gaya in connection with Kudra (Kaimur) P.S. Case No.301 of 2024, subject to the conditions as laid down under Section 438(2) of the CrPC/under Section 482(2) of the BNSS and with further condition:- (i) That petitioner shall deposit 20% of outstanding dues of Rs.2,30,312/- before the learned court below at the time of furnishing of his bail bonds.

(Chandra Shekhar Jha, J.) Sanjeet/- U T