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Patna High CourtCR. MISC./1185/2025disposed

Manjoo Devi v. The State Of Bihar

2025-02-05Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1185 of 2025 Arising Out of PS. Case No.-237 Year-2023 Thana- SANOKHAR District- Bhagalpur ====================================================== Manjoo Devi W/O Manoj Mandal Resident Of Village - Rabbidih, P.SAmdanda, Dist- Bhagalpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The South Bihar Power Distribution Company limited Bailey Road, Patna Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pankaj Kumar, Advocate For the State :

Mr. Ajit Kumar, APP For the O.P. No.2 :

Mr.Vikash Chandra Srivastava, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 05-02-2025 Heard Mr. Pankaj Kumar, learned counsel appearing on behalf of the petitioner; Mr. Ajit Kumar learned APP for the State and Mr.Vikash Chandra Srivastava, learned counsel for O.P. No.2.

2. The petitioner seeks pre-arrest bail in connection with Sanokhar (Amdanda) P.S. Case No. 237/2023 registered for the offence(s) punishable under Section 135 of the Indian Electricity Act.

3. As per the allegation made in the FIR, due to theft of electricity by the petitioner, the South Bihar Power Distribution Company Limited has suffered a loss of Rs.2,03,130/-.

Patna High Court CR. MISC. No.1185 of 2025(2) dt.05-02-2025 2/3

4. Learned counsel appearing on behalf of the petitioner submitted that FIR has been lodged to pressurize the petitioner to deposit the alleged amount of money of Rs.2,03,130/- on account of loss caused to the South Bihar Power Distribution Company Limited. The offence is compoundable.

5. Learned counsel appearing on behalf of the South Bihar Power Distribution Company Limited vehemently opposed the prayer for grant of pre-arrest bail and submitted that the offence is compoundable and petitioner may get the same compounded as per the provision of Section 135 of Indian Electricity Act.

6. Learned APP for the State has also vehemently opposed the prayer for grant of pre-arrest bail.

7. Considering the nature of allegation made in the FIR, as well as, the offence being compoundable, the petitioner, above named, is directed to be released on prearrest bail, for availing the remedy as contained in Section 135 of the Indian Electricity Act, in the event of his arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.1185 of 2025(2) dt.05-02-2025 3/3 each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Sanokhar (Amdanda) P.S. Case No. 237/2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

8. The bail application stands disposed of.

(Purnendu Singh, J) Sanjay/- U T