Bhola Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43393 of 2025 Arising Out of PS. Case No.-141 Year-2025 Thana- KHAGARIA District- Khagaria ====================================================== Bhola Paswan, S/o Late Dhaneshwar Paswan, R/o Village-Mathurapur (Gandhi Chowk), P.S.- khagaria, District-khagaria ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The state of through North Bihar Power Distribution Company Limited Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vivekanand Singh, Advocate For the State :

Mr. Kalyan Shankar, APP For the NBPDCL :

Mr. Lokesh Kumar Singh, A.S.C.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 06-08-2025 Heard Mr. Vivekanand Singh, learned counsel for the petitioner, Mr. Lokesh Kumar Singh, learned counsel for the NBPDCL and Mr. Kalyan Shankar, learned APP for the State.

2. The petitioner has prayed for bail in connection with Khagaria P.S. Case No. 141 of 2025 registered for the offence punishable under Sections 126(2), 115(2), 352 and 132 of the B.N.S. and Section 135 of the Electricity Act.

3. The case of the prosecution is that the petitioner has bypassed the meter by connecting a service wire to main LT wire and in this way he has caused loss to North Bihar Power Distribution Company of Rs. 1,09, 000/-

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.43393 of 2025(3) dt.06-08-2025 2/3 petitioner has submitted after some submissions that he is ready to deposit 50% of loss amount if he will be given time of six months. Petitioner is languishing in judicial custody since 01.05.2025.

5. Learned counsel for the Electricity Department is present and he has got no objection to the submissions of the learned counsel for the petitioner.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on provisional bail for six months. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Khagaria in connection with Khagaria P.S. Case No. 141 of 2025 with a condition that the petitioner shall deposit 50% of loss amount i.e. Rs. 1,09,000/- within six months.

7. This application stands disposed of with direction to the trial Court to confirm the provisional bail granted to the petitioner only after ensuring that the petitioner has deposited the 50% of the loss amount to the concerned department within a period of six months as

Patna High Court CR. MISC. No.43393 of 2025(3) dt.06-08-2025 3/3 agreed by him before this Court.

(Ashok Kumar Pandey, J) lata/- U T