Arun Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30248 of 2025 Arising Out of PS. Case No.-111 Year-2024 Thana- KIUL District- Lakhisarai ====================================================== Arun Yadav S/O Saryug Yadav Resident of Village- Lakhochak Near Baba Dheri, P.S.- Kiul, District- Lakhisarai ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
The Assistant Electric Engineer, Electric Supply Sub-Division, P.s. and Dist.- Lakhisarai, Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjeev Kumar, Advocate For the Opposite Party/s :
Mr. Rajendra Prasad Nat, APP For the O. P. No.2 :
Ms. Y. Madhavi, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 15-05-2025 Heard Mr. Sanjeev Kumar, learned counsel appearing on behalf of the petitioner and Mr. Rajendra Prasad Nat, learned APP for the State and Ms. Y. Madhavi, learned counsel appearing on behalf of the Opposite Party No.2
2. The petitioner comprehends pre-arrest bail in connection with Kiul P.S. Case No.111 of 2024 registered under Section 135 of the Electricity Act.
3. As per the allegation made in the FIR, the petitioner was consuming electricity illegally, by means of by-passing meter installed by electricity company at his industrial unit and thereby, caused revenue loss of Rs.3,73,301/- to the electricity company.
Patna High Court CR. MISC. No.30248 of 2025(2) dt.15-05-2025 2/3
4. Learned counsel appearing on behalf of the petitioner submitted that FIR has been lodged to pressurize the petitioner to deposit the alleged amount of money of Rs.3,73,301/- on account of loss caused to the South Bihar Power Distribution Company Limited. The offence is compoundable. The petitioner is ready to deposit the entire amount but under protest subject to his objection in respect of assessment made by the Officer concerned having jurisdiction
5. Learned counsel appearing on behalf of the Opposite Party No.2 vehemently opposed the prayer for grant of pre-arrest bail and submitted that the offence is compoundable and petitioner may get the same compounded as per the provision of Section 135 of Indian Electricity Act.
6. Learned APP for the State has also vehemently opposed the prayer for grant of pre-arrest bail.
7. Considering the nature of allegation made in the FIR, as well as, the offence being compoundable, the petitioner, above named, is directed to be released on prearrest bail, for availing the remedy as contained in Section 135 of the Indian Electricity Act, in the event of his arrest or surrender before the Court below within a period of four weeks
Patna High Court CR. MISC. No.30248 of 2025(2) dt.15-05-2025 3/3 from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai in in connection with Kiul P.S. Case No.111 of 2024, subject to furnishing of the receipt showing payment of the compounding fee, but under protest subject to the petitioner's objection in respect of assessment made by the Officer concerned having jurisdiction and subject to the condition as laid down under Section 482(2) of the BNSS.
8. The bail application stands disposed of.
(Purnendu Singh, J) Ashishsingh/- U T