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Patna High Court

Kamran RahmaniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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