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Patna High Court

Dharmendra Kumar Poddar @ Dharmendra Kumar PoddarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioner, subject to a bail‑bond of Rs.10,000, two sureties, and a condition to deposit Rs.1,50,000 within eight weeks.

Summary

The petitioner, Dharmendra Kumar Poddar, sought anticipatory bail fearing arrest in a case registered under Section 135 of the Indian Electricity Act for alleged electricity theft causing a loss of Rs.2,88,978 to the government. The prosecution alleged that the petitioner, along with others, used electricity without authorization for domestic purposes. The petitioner denied the allegations but offered to repay the defalcated amount in installments. The Court, without delving into the merits, granted anticipatory bail subject to a bail‑bond of Rs.10,000 with two sureties and a condition to deposit Rs.1,50,000 by bank draft within eight weeks. Failure to comply would permit cancellation of the bail‑bond. The order emphasizes that the payment condition is provisional and subject to the final outcome of the criminal proceedings.

Issues considered

  • Whether anticipatory bail can be granted in a case of electricity theft under Section 135 of the Indian Electricity Act
  • Whether the condition of payment of a portion of the alleged loss is permissible for granting anticipatory bail
  • Whether the bail‑bond and surety requirements satisfy the provisions of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita

Legislation cited

Subjects

  • anticipatory bail
  • electricity theft
  • Indian Electricity Act
  • Bharatiya Nagarik Suraksha Sanhita
  • bail conditions
  • defalcation
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10179 of 2026
                  Arising Out of PS. Case No.-163 Year-2025 Thana- KATIHAR NAGAR District- Katihar
                 ======================================================
                 Dharmendra Kumar Poddar @ Dharmendra Kumar Poddar S/o Tun Tun
                 Poddar Resident of Mohalla- Laliyahi, Ansari Tola, PS- Katihar (Sahayak),
                 Distt.- Katihar
                                                                         ... ... Petitioner/s
                                                  Versus
           1.     The State of Bihar Bihar
           2.     Avinash Kumar Singh, J.E Electric Supply Branch Mirchai bari, Katihar,
                  North Bihar Power Distribution Company Limited, Katihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Raghvendra Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr. Binod Kumar, A.P.P.
                 For the OP No.-2         :      Mr. Sanjay Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

4   29-06-2026                    Heard learned counsel for the petitioner, OP No. 2

                   and the State.

                                2. Petitioner apprehends arrest in a case registered for

                   the offence punishable under Section 135 of Indian Electricity

                   Act.

                                3. It is a case of electricity theft. As per prosecution

                   case, this petitioner along with other F.I.R. name accused

                   persons is alleged to have been using the electricity,

                   unauthorizedly, for domestic purposes, causing loss of Rs.

                   2,88,978/- to the government.

                                4. After some argument, learned counsel for the

                   petitioner denies the allegations. However, he agrees to pay the

                   defalcated amount in easy installments.

                                5. Considering the aforesaid contention made on
           Patna High Court CR. MISC. No.10179 of 2026(4) dt.29-06-2026
                                                       2/2




                     behalf of the petitioner, this anticipatory bail is allowed and it is

                     ordered that let the above named petitioner in the event of his

                     arrest/surrender before the court below within a period of eight

                     weeks from today, be enlarged on bail on furnishing bail-bond

                     of Rs. 10,000/- (ten thousand) with two sureties of the like

                     amount each to the satisfaction of learned Chief Judicial

                     Magistrate, Katihar in connection with Katihar Town (Sahayak)

                     P. S. Case No. 163 of 2025, subject to condition as laid down

                     under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita

                     with direction to the petitioner that :-

                                           (i) Petitioner shall refund Rs. 1,50,000/- (One
                     lac fifty thousand) through Bank Draft in the office of Junior
                     Engineer, Electric Supply Branch, Mirchai Bari, Katihar and
                     produce receipt of the same at the time of furnishing bail-bond,
                     failing which, the learned court below would be at liberty to
                     cancel the bail-bond.

                                  6. It is made clear that without going into the merit of

                     the case, this order has been passed for the purpose of bail and

                     payment of aforesaid amount shall be subject to the final

                     outcome of the case.



                                           (Prabhat Kumar Singh, J)
Navya/Sanjay-

U      T


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