Ajit Singh @ Ajit Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78832 of 2024 Arising Out of PS. Case No.-107 Year-2024 Thana- DHANARUA District- Patna ====================================================== Ajit Singh @ Ajit Kumar Singh S/O Kripal Singh R/O Village- Baurahi, P.S.- Dhanarua,District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Binod Kumar Singh, Adv.
Mrs. Kumari Chandna, Adv.
For SBPDCL Dr. Anand Kumar, Adv.
Mr. Rajan Prakash, Adv.
For the State :
Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 03-07-2025 Heard learned counsel for the petitioner, learned Additional Public Prosecutor for the State and learned counsel for the South Bihar Power Distribution Company.
2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 135 of the Indian Electricity Act.
3. The allegation in the First Information Report is that without a valid and authorized electricity connection, the petitioner was committing theft of electricity and was using some welding and cutting machine etc.
4. Learned counsel for the petitioner submits that the petitioner had actually applied for electricity connection before the authority concerned in the year 2021 which was cancelled
Patna High Court CR. MISC. No.78832 of 2024(7) dt.03-07-2025 2/3 and further another application was filed on 21st July 2021 and the document to substantiate the same has been annexed as Annexure-1 to the present application. Further, the petitioner had also sent a letter to the Managing Director of South Bihar Distribution Company Ltd. On 27.03.2024 that he had filed a petition in the office on 28.03.2024 for passing an appropriate order.
5. Learned counsel for the South Bihar Distribution Company Ltd. submits that the present FIR relates to theft of electricity and the final assessment has been brought on record by way of supplementary counter affidavit assessing the amount to be Rs. 5,09,241/-.
6. At this stage, an offer has been made on behalf of the petitioner that he was ready to make a payment of Rs. 1,50,000/- for the time being for the purposes of grant of anticipatory bail which he would be able to pay in three installments of Rs. 50,000/- each.
7. Considering all the above mentioned facts and circumstances, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, be enlarged on provisional bail for a period of three months on furnishing bail bond of
Patna High Court CR. MISC. No.78832 of 2024(7) dt.03-07-2025 3/3 Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Dhanarua P.S. Case No. 107 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C./482(2) of the B.N.S.S.
8. However, the first installment of the amount, being Rs. 50,000/-, would be paid at the time of furnishing of the bail bonds and his bail bonds would be accepted only on a proof of receipt of the first installment of Rs. 50,000/- and after payment of the remaining two installments of Rs. 50,000/- each in a time period of another two months, making it a total of Rs. 1,00,000/- and on furnishing of proof of the same, the learned court concerned would confirm the provisional bail granted to the petitioner. In case the same is not done within the prescribed period, the provisional bail granted to the petitioner shall not be confirmed.
(Soni Shrivastava, J) devendra/- U T