Patna High Court
Zaber AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The Court granted bail to the petitioners subject to strict conditions.
Summary
The petitioners, Zaber Alam and Abdul Rahim, were charged under Section 136 of the Bihar Electricity Act and Sections 317(5) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 for alleged theft of 1.4 CKM HT wire. They claim they were falsely implicated after a police seizure of the wire from a tempo in which they were traveling, and assert they have no prior criminal record. The State and the Bihar State Power Holding Company opposed the bail application, arguing the seriousness of the offence. The Court examined the facts, noting that the charge‑sheet had been filed and the petitioners had been in custody since 4 January 2026. It granted bail on the condition of a Rs.10,000 bond with two sureties and imposed several compliance conditions, including regular court appearances and non‑tampering with evidence.
Issues considered
- Whether bail should be granted to the accused under the Bihar Electricity Act and Bharatiya Nyaya Sanhita provisions
- Whether the conditions imposed by the Court are appropriate to ensure the petitioners' cooperation and prevent tampering with evidence
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 317(5), 3(5)
Subjects
- bail
- theft of electricity
- Bihar Electricity Act
- Bharatiya Nyaya Sanhita
- criminal procedure
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15354 of 2026
Arising Out of PS. Case No.-142 Year-2025 Thana- PAHARKATTA District- Kishanganj
======================================================
1. Zaber Alam, S/o Abdul Rahim, R/o vill- Satemari, Thana- Paharkatta,
District- Kishanganj
2. Abdul Rahim, S/o Hafizuddin, R/o vill- Satemari, Thana- Paharkatta,
District- Kishanganj
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Bihar State Power Holding Company Limited, Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajeev Ranjan, Adv.
For the State : Mr. Zainul Abedin, APP
For O.P. No. 2 : Mr. Shrekant Sharan Singh, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 12-03-2026 Heard learned counsel for the petitioners, learned
A.P.P for the State and learned counsel for the Bihar State
Power Holding Company Ltd.
2. The petitioners seek bail in connection with Paharkatta
P.S. Case No. 142 of 2025 dated 23.12.2025 registered for the
offence punishable under Section 136 of the Bihar Electricity
Act and later on Sections 317(5) and 3(5) of the Bharatiya
Nyaya Sanhita, 2023 were also added.
3. The prosecution case, in short, is that the informant
submitted his report alleging therein that 1.4 CKM HT wire has
been stolen away by some unknown persons in village Bisani
and Saraidighi.
4. Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.15354 of 2026(2) dt.12-03-2026
2/3
petitioners are innocent and have been falsely implicated in this
case. It is submitted that the date of occurrence mentioned in the
complaint is 22.12.2025 and the F.I.R. has been lodged on
23.12.2025. It is submitted that the petitioners were returning in
a tempo and the said tempo was intercepted by the police and
recovered 1.4 CKM HT wire and five bundles each of 50 metres
coil was recovered from a tempo in which the petitioners were
returning due to which the petitioners have been made accused
in this case. The driver of the said tempo fled away at the time
of seizure. The petitioners are in custody since 04.01.2026,
having no criminal antecedents and charge-sheet has been
submitted in the case.
5. Learned A.P.P for the State as well as learned counsel
for the B.S.P.H.C.L oppose the prayer for bail of the petitioners.
6. Having considered the facts and circumstances of the
case and submissions of learned counsel for the parties, let the
petitioners be released on bail upon furnishing bail bonds of Rs.
10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of the learned C.J.M.,
Kishanganj in connection with Paharkatta P.S. Case No. 142 of
2025, subject to the following conditions:-
1. Petitioners shall co-operate in the trial and
Patna High Court CR. MISC. No.15354 of 2026(2) dt.12-03-2026
3/3
shall be properly represented on each and every
date fixed by the Court and on their absence on two
consecutive dates without sufficient reason, their
bail bond shall be cancelled by the Court below.
2. One of the bailors will be his own blood
relation, preferably father, mother, brother, sister
and or their wife.
3. The bailor shall also state on affidavit that
he/she will inform the court concerned if the
petitioners are made accused in any other case of
similar nature after their release in the present case
and thereafter the court below will be at liberty to
initiate the proceeding for cancellation of bail on
ground of misuse.
4. If the petitioners tamper with the evidence
or the witnesses, in that case, the prosecution will
be at liberty to move for cancellation of bail.
5. The petitioners within two weeks of their
release from custody shall appear before the S.H.O.
of their local area alongwith a copy of this order
and shall appear every fortnightly to mark their
attendance till the framing of charge in the trial
court.
(Khatim Reza, J)
prabhat/-
U T
Checking your session…