Patna High Court
Sayad Alam @ Saiyad AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
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
- Bharatiya Nyaya Sanhita, 2023 — s. 317(5), 3(5)
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
2/3
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
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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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