Nandu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40628 of 2025 Arising Out of PS. Case No.-222 Year-2023 Thana- KAUWAKOL District- Nawada ====================================================== Nandu Yadav S/O Vasudev Yadav R/O Ainidih, P.s.- Kawakol, Rupuo, Dist.- Nawada ... ... Petitioner

Versus

1.

The State of Bihar 2.

Ashish Kumar Singh, Assistant Electrical Engineer, Electric Supply Division, South Bihar Power Distribution Co. Ltd., Pakribarawan, District - Nawada ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr.Parashuram Singh, Advocate For the Opposite Party :

Mr.Bharat Lal, A.P.P.

Mr. Vivek Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-09-2025 Heard learned counsel for the petitioner, the State and opposite party no.2.

2. Petitioner apprehends arrest in a case registered for the offence punishable under section 135 of Bihar Electricity Act.

3. Petitioner is alleged to have caused revenue loss of Rs.3,87,223/- to the Electric Supply Division, South Bihar Power Distribution Co. Ltd., Pakribarawan, District - Nawada.

4. By filing supplementary affidavit, learned counsel for the petitioner submits that the petitioner, without admitting his guilt and without prejudice to his right and contention, is ready to deposit half of Rs.3,87,223/- i.e., Rs.1,93,611/- in the office of Assistant Electrical Engineer, Electric Supply Division, South Bihar Power Distribution Co. Ltd., Pakribarawan, District - Nawada in easy instalments.

5. Considering the aforesaid facts of the case, prayer for bail of the petitioner is allowed. In the event of

Patna High Court CR. MISC. No.40628 of 2025(6) dt.25-09-2025 2/2 arrest/surrender within eight weeks from today, let the petitioner, mentioned above, be enlarged on provisional bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Special Judge Electricity, Magadh Area, Gaya in Kawakoal Police Station Case No. 222 of 2023, subject to the conditions laid down under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 as well as on following conditions:- (i) At the time of furnishing bail bond, Rs. 25,000/- shall be deposited by the petitioner in the office of Assistant Electrical Engineer, Electric Supply Division, South Bihar Power Distribution Co. Ltd., Pakribarawan, District - Nawada. (ii) Rest amount of Rs. 1,68,611/- shall be deposited by the petitioner in six equal installments within 12 months from the date of furnishing bail bonds.

(iii) If the petitioner complies with the order, provisional bail shall be confirmed by the court below itself. (iv) If the petitioner fails to comply with the order, court below shall be at liberty to cancel bail bonds of the petitioner.

6. It is made clear that without going into the merit of the case, aforesaid order has been passed only for the purpose of grant of bail and this deposit would be subject to the final result of the criminal case.

(Prabhat Kumar Singh, J) Shashi U T