Patna High Court
Kamran RahmaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
In the absence of any material evidence linking the petitioner to the alleged threat and given the informant’s procedural lapse under the Indian Electricity Act, the petitioner is entitled to pre‑arrest bail.
Summary
The petitioner, Kamran Rahmani, applied for pre‑arrest bail in a case registered under Sections 385 and 387 of the IPC alleging that he threatened electricity officials to restore a disconnected supply after a non‑payment of Rs.5,17,224. The FIR, filed by an informant from the North Bihar Power Distribution Company, did not contain any phone number or concrete evidence of the alleged threat. The petitioner contended that the case was fabricated due to personal enmity and that the informant had not pursued remedies under the Indian Electricity Act, 2003. The State opposed the bail, but the High Court found the allegations prima facie unsubstantiated and noted the informant’s procedural lapse. Consequently, the Court ordered the petitioner’s release on pre‑arrest bail subject to a bank guarantee of Rs.1,00,000, a bail bond of Rs.10,000 with two sureties, and verification of his criminal antecedents, invoking Section 482(2) of the CrPC.
Issues considered
- Whether pre‑arrest bail can be granted in a case of alleged extortion and robbery where the FIR lacks substantive evidence.
- Whether the informant’s failure to follow the Indian Electricity Act, 2003 justifies the criminal proceeding.
- Whether the High Court can exercise its inherent powers under Section 482(2) of the CrPC to grant bail.
Legislation cited
- Code of Criminal Procedure — s. 482(2)
- Electricity Act
- Indian Penal Code — s. 385, 387
Subjects
- pre‑arrest bail
- extortion
- robbery
- Indian Electricity Act
- Section 482 CrPC
- FIR
- lack of evidence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10619 of 2026
Arising Out of PS. Case No.-477 Year-2022 Thana- KANTI District- Muzaffarpur
======================================================
Kamran Rahmani S/o- Habib Mustafa Rahmani, Resident of Vill-
Damodarpur, P.O-Damodarpur, P.S-Kanti, Dist- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ranjan Kumar Sinha, Advocate
For the Opposite Party/s : Mr.Md. Ataur Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 12-03-2026 Heard Mr. Ranjan Kumar Sinha, learned counsel
appearing on behalf of the petitioner and Mr. Md. Ataur
Rahman, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Kanti P.S. Case No. 477/2022 registered for the offence(s)
punishable under Sections 385 and 387 of the IPC.
3. As per the allegation made in the FIR, wife of the
petitioner has allegedly not made payment of Rs.5,17,224/-
which led to disconnection of the electric connection.
Allegation is that the petitioner threatened on phone to the
Junior Engineer (Electricity)/informant and the lineman to
restore the electric connection which has been disconnected due
to non-payment of dues.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.10619 of 2026(2) dt.12-03-2026
2/3
petitioner submitted that petitioner is innocent and due to
enmity with wife of the petitioner, who is Sarpach, with the
officer of the North Bihar Power Distribution Company Ltd.,
petitioner has been roped in this case on the basis of false
allegations. There is no mention of phone number in the FIR,
from which the petitioner allegedly threatened the informant and
the lineman to restore the electric connection.
5. Learned APP on behalf of the State vehemently
opposed the prayer for grant of pre-arrest bail. No one has
appeared on behalf of the North Bihar Power Distribution
Company Ltd.
6. Having heard the rival submissions made on behalf
of the parties, as well as, having perused the allegation made in
the FIR, the dispute relates to realizing due amount of a sum of
Rs.5,17,224/- on account of the electricity consumed. The
informant instead of taking action in accordance with the Indian
Electricity Act, 2003 has resorted to lodge FIR against the
petitioner on the basis that the petitioner had allegedly
threatened him of dire consequences telephonically. However,
in absence of any evidence in support of the same and action
taken as per the provision of the Indian Electricity Act, I find that
the petitioner has, prima facie, made out a case to be released on
Patna High Court CR. MISC. No.10619 of 2026(2) dt.12-03-2026
3/3
pre-arrest bail.
7. The petitioner, above named, is directed to be
released on pre-arrest bail, in the event of his arrest or surrender
before the learned District Court on furnishing of Bank
guarantee of Rs.1,00,000/- (rupees one lakh) within a period
of four weeks from today and on furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned J.M. 1st Class,
Muzaffarpur / Concerned Court in connection with Kanti P.S.
Case No. 477/2022 , subject to the conditions as laid down
under Section 482(2) of the BNSS.
8. The learned District Court is directed to verify
the criminal antecedent of the petitioner and if it is found
that the petitioner is involved in some other cases, as what
has been stated in paragraph no.3 of the bail application,
this order will automatically lose its force.
(Purnendu Singh, J)
Sanjay/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.