Patna High Court
Dharmendra Kumar Poddar @ Dharmendra Kumar PoddarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Electricity Act — s. 135
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.