Dulal Alam v. The State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

Circuit Bench at Jalpaiguri Criminal Miscellaneous Jurisdiction 25.11.2025 Item No.20(DL) Ct. No.3 srm (Rejected) C.R.M. (A) 784 of 2025 In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023/Section 438 of the Code of Criminal Procedure in connection with Sitalkuchi P. S. Case No.87 of 2025 dated 28.02.2025 under Section 135(1)(a) of the Electricity Act, 2003 corresponding to Electricity Case No.81 of 2025.

In the matter of : Dulal Alam ... Petitioner.

Mr. Hillol Saha Podder ...for the Petitioner.

Mr. Ujjwal Luksom, Mr. Sagnik Sankar Sikdar ...for the State.

1. Learned Advocate for the petitioner submits that the petitioner has been falsely implicated for theft of electricity. There is no provisional assessment of the electricity consumed. He seeks for anticipatory bail in favour of the petitioner.

2. Opposing such prayer for anticipatory bail, learned Advocate for the State submits that this is a case of pilferage. The petitioner has not complied the notice under Section 35(3) of the BNSS. He seeks for dismissal of the prayer for anticipatory bail.

3. Perused the case diary and materials on record.

4. It is found that there is allegation against the petitioner of enjoying electricity by direct hooking from the LT OH line.

The petitioner was found to be enjoying electricity unauthorisedly. The illegal connection had to be removed to stop pilferage. In view of the above materials and nature and gravity of the offence, I am not inclined to grant anticipatory bail to the petitioner.

5. Thus, the prayer for anticipatory bail is rejected.

6. CRM (A) 784 of 2025 stands dismissed.

(Bivas Pattanayak, J.)