Om Prakash Chaubey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40669 of 2026 Arising Out of PS. Case No.-488 Year-2025 Thana- KUDRA District- Kaimur (Bhabua) ====================================================== Om Prakash Chaubey Son of Sri Banshidhar Chaubey Resident of VillageGajiraha, P.O.- Nasej, P.S.- Kudraa, District- Kaimur at Bhabhua. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
The South Bihar Power Distribution Corporation Ltd., through its Managing Director, Vidyut Bhawan, Bailey Road, Near Income Tax Golambar, Patna, - 800021.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Kumar Sinha, Advocate For the Opposite Party/s :
Mr. Uma Shankar Prasad Singh, APP For SBPDCL :
Ms. Y. Madhvi, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-07-2026
1. Heard learned counsel for the petitioner, the learned APP for the State and the learned counsel appearing on behalf of the South Bihar Power Distribution Corporation Limited.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 135 of the Electricity Act.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that on secret information on 23.12.2025, the under construction house of the petitioner was raided and it was found that petitioner was committing theft of electricity illegally by
Patna High Court CR. MISC. No.40669 of 2026(2) dt.06-07-2026 2/3 connecting a low voltage wire without electric connection causing loss of Rs. 87,679/- to SBPDCL.
4. Learned counsel appearing on behalf of the petitioner submits that petitioner has been falsely implicated in the instant case and the amount assessed is exaggerated. It is further submitted that since FIR came to be instituted, hence, the petitioner could not move before the authorities seeking his relief in terms of the Electricity Act. It is next submitted that if privilege of anticipatory bail is granted, the petitioner is willing to deposit 30% of the assessed amount and thereafter will approach the authorities to seek remedies in accordance with law.
5. Learned A.P.P. for the State as well as the learned counsel appearing on behalf of SBPDCL opposes the anticipatory bail application of the petitioner.
6. After hearing the learned counsel for the parties, the petitioner above-named, in the event of his arrest or surrender within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Kudra P.S. Case
Patna High Court CR. MISC. No.40669 of 2026(2) dt.06-07-2026 3/3 No. 488 of 2025 subject to the conditions as laid down under Section 482 (2) of BNSS.
7. It is made clear that petitioner, on the date of surrender, shall produce a receipt of depositing an amount of Rs. 27,000/- with the SBPDCL.
8. It is further made clear that if petitioner is not able to produce the receipt depositing an amount of Rs. 27,000/- with the SBPDCL on the date of surrender, in that event the anticipatory bail bonds of the petitioner shall not be accepted, but if the petitioner, on the date of surrender, submits the receipt of Rs. 27,000/- deposited with SBPDCL, in that event his anticipatory bail bonds shall be accepted forthwith. (Satyavrat Verma, J) Rishabh/- U T