Md. Shamim Akhtar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70688 of 2025 Arising Out of PS. Case No.-15 Year-2024 Thana- DAGARUA District- Purnia ====================================================== Md. Shamim Akhtar S/o- Late Basiruddin Resident of Village- Dansar Ward No. 8 P.S. Dagarya, District- Purnea ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Electricity Board Bihar, Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nadimul Hasan, Advocate For the Opposite Party/s :

Mr. Ram Anurag Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-12-2025

1. Heard learned counsel for the petitioner, learned A.P.P. for the State and Mr. Sanjeev Kumar, learned counsel appearing on behalf of the North Bihar Power Distribution Company Limited.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 135 of the Electricity Act, 2003.

3. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant alleging theft of electricity. It is further submitted that the loss is assessed at Rs.4,90,067/- but then the said assessment is exaggerated and the petitioner for the present has deposited an amount of Rs.2 lakhs. It is next submitted that petitioner will not abscond rather will cooperate in the investigation to prove his

Patna High Court CR. MISC. No.70688 of 2025(5) dt.17-12-2025 2/2 innocence and will also avail his remedy in accordance with law under the Electricity Act.

4. Learned A.P.P. for the State is present.

5. Learned counsel appearing on behalf of the North Bihar Power Distribution Company Limited does not dispute the submission of the learned counsel appearing on behalf of the petitioner that an amount of Rs.2 lakhs has been deposited with the office of the Executive Engineer, Purnea, North Bihar Power Distribution Company Limited.

6. Considering the submissions made by the learned counsel for the petitioner, let the petitioner above-named, in the event of his arrest or surrender before the learned trial court 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 Dagarua P.S. Case No. 15 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T