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Patna High Court

Sayad Alam @ Saiyad AlamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to a cash bond, sureties and strict conditions.

Summary

The petitioner, Sayad Alam, was implicated in a theft of 1.4 CKM HT wire alleged to have occurred on 22-12-2025, with the FIR lodged on 23-12-2025. He was arrested after police intercepted a tempo in which the stolen wire was found, and has been in custody since 04-01-2026. The petitioner claimed innocence, stating he was merely returning in the tempo and had no prior criminal record, while the prosecution opposed bail. The court considered the circumstances, the filing of a charge‑sheet, and the petitioner’s lack of antecedents, and decided to grant bail with a bond of Rs.10,000 and two sureties, subject to several conditions including regular court appearances and non‑tampering with evidence. The order was pronounced by Justice Khatim Reza of the Patna High Court.

Issues considered

  • Whether bail should be granted to the petitioner under Section 136 of the Bihar Electricity Act and Sections 317(5) and 3(5) of the Bharatiya Nyaya Sanhita
  • Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing witnesses

Legislation cited

Subjects

  • bail
  • theft of electricity
  • Bihar Electricity Act
  • Bharatiya Nyaya Sanhita
  • high court
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15368 of 2026
                   Arising Out of PS. Case No.-142 Year-2025 Thana- PAHARKATTA District- Kishanganj
                 ======================================================
                 Sayad Alam @ Saiyad Alam, Son of Md. Tahir, Resident of Village-
                 Khoksabari, P.S.- Paharkatta, District- Kishanganj

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    The Bihar State Power Holding Company Limited, Patna Bihar

                                                        ... ... 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 petitioner seeks 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.
Patna High Court CR. MISC. No.15368 of 2026(2) dt.12-03-2026
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                  4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has 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 petitioner was 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 petitioner was

          returning due to which the petitioner has been made accused in

          this case. The driver of the said tempo fled away at the time of

          seizure. The petitioner is 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 petitioner.

                  6. Having considered the facts and circumstances of the

          case and submissions of learned counsel for the parties, let the

          petitioner be released on bail upon furnishing bail bonds of Rs.

          10,000/- (ten thousand) 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. Petitioner shall co-operate in the trial and
            Patna High Court CR. MISC. No.15368 of 2026(2) dt.12-03-2026
                                                        3/3




                                      shall be properly represented on each and every date
                                      fixed by the Court and on his absence on two
                                      consecutive dates without sufficient reason, his 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 his wife.

                                              3. The bailor shall also state on affidavit that
                                      he will inform the court concerned if the petitioner is
                                      made accused in any other case of similar nature after
                                      his 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 petitioner tampers with the evidence
                                      or the witnesses, in that case, the prosecution will be
                                      at liberty to move for cancellation of bail.

                                              5. The petitioner within two weeks of his
                                      release from custody shall appear before the S.H.O.
                                      of his local area alongwith a copy of this order and
                                      shall appear every fortnightly to mark his attendance
                                      till the framing of charge in the trial court.



                                                   (Khatim Reza, J)
prabhat/-

U       T


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