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Patna High Court

Bhaday Saw @ Bhaday SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioner subject to specified monetary deposits and bail bond conditions.

Summary

The petitioner, Bhaday Saw, was implicated in an alleged electricity theft case under Section 135 of the Bihar Electricity Act, with a claimed loss of Rs. 12,72,053 to the government. He admitted to depositing 50% of the alleged amount but contested the total loss. Fearing arrest, he applied for anticipatory bail. The Patna High Court, after hearing counsel, granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties and to deposit Rs. 2 lakh immediately, with the balance payable in four equal installments over a year. The order was made under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, without delving into the merits of the theft allegation, and stipulated that failure to comply could lead to cancellation of the bail bond.

Issues considered

  • Whether anticipatory bail can be granted in a case of alleged electricity theft under Section 135 of the Bihar Electricity Act.
  • Whether the conditions imposed, including monetary deposits and bail bond, are appropriate and lawful.
  • Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita can be invoked to grant anticipatory bail in this circumstance.

Legislation cited

Subjects

  • anticipatory bail
  • electricity theft
  • Bihar Electricity Act
  • Section 135
  • Section 482
  • bail conditions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18993 of 2026
                       Arising Out of PS. Case No.-465 Year-2025 Thana- Kavaiya District- Lakhisarai
                 ======================================================
                 Bhaday Saw @ Bhaday Sah S/O Gulab Saw R/O Village - Choti Kabaiya
                 Ward No - 31, P.S- Kabaiya District - Lakhisarai

                                                                                      ... ... Petitioner/s
                                                          Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :        Mr. Amarendra Kumar, Advocate
                                                    Ms. Moni Kumari, Advocate
                 For the Opposite Party/s :         Mr. Damodar Prasad Tiwary, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   21-04-2026                   Heard learned counsel for the petitioner and the State.

                                 2. Petitioner apprehends arrest in a case registered for

                   the offence punishable under Sections 135 of the Bihar

                   Electricity Act.

                                 3. As per F.I.R., petitioner is alleged to have indulged

                   in electricity theft, causing loss of Rs. 12,72,053/- to the

                   Government.

                                 4. After some argument, learned counsel for the

                   petitioner disputes the alleged amount. However, he admits to

                   deposit 50% of the alleged amount i.e., Rs. 6,36,026.50/- to the

                   electricity department, subject to final outcome of the case.

                   Petitioner claims clean antecedent.

                                 5. Considering the aforesaid contention made on
Patna High Court CR. MISC. No.18993 of 2026(2) dt.21-04-2026
                                            2/3




          behalf of the petitioner, this anticipatory bail is allowed and it is

          ordered that let the above named petitioner in the event of his

          arrest/surrender before the court below within a period of eight

          weeks from today, be enlarged on bail on furnishing bail-bond

          of Rs. 10,000/- (ten thousand) with two sureties of the like

          amount each to the satisfaction of learned Chief Judicial

          Magistrate, Lakhisarai in connection with Kabaiya P. S. Case

          No. 465 of 2025, subject to condition as laid down under

          Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita with

          direction to the petitioner that :-

                       (i) Petitioner shall deposit Rs. 2 lacs through Bank

          Draft in the office of Assistant Electrical Engineer, Electric

          Supply Sub-Division, Lakhisarai and produce its receipt at the

          time of furnishing bail-bond.

                       (ii) Rest of the amount i.e., Rs. 4,36,026.50/- (Rs.

          Four Lacs Thirty-Six Thousand Twenty-Six and Fifty Paise)

          shall be deposited in four equal installments of Rs. 1,09,006.62/-

          (One Lac Nine Thousand Six Rupees and Sixty-Two Paise)

          each within a period of one year thereafter through Bank Draft

          in the office of Assistant Electrical Engineer, Electric Supply

          Sub-Division, Lakhisarai, failing which, the learned court below

          would be at liberty to cancel the bail-bond.
              Patna High Court CR. MISC. No.18993 of 2026(2) dt.21-04-2026
                                                          3/3




                                     6. It is made clear that without going into the merit of

                        the case, this order has been passed for the purpose of bail and

                        payment of aforesaid amount shall be subject to the final

                        outcome of the case.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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