Created by Fuzzy Cloud

Patna High Court

Kaushlendra KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to a bond of Rs.10,000, two sureties and the condition of depositing Rs.4,00,000 within four weeks.

Summary

Kaushlendra Kumar was accused of electricity theft under Section 135 of the Electricity Act, 2003, with an alleged loss of Rs.7,76,400 to the South Bihar Power Distribution Company. He feared arrest and argued that the FIR was filed on mere suspicion and possibly motivated by opposition to a government college construction. The power company claimed he was a habitual offender, while the petitioner offered to deposit Rs.4,00,000 within four weeks. The court examined the loss assessment, the petitioner’s willingness to pay, and the alleged habit. It ordered that the petitioner be released on bail upon furnishing a Rs.10,000 bond with two sureties, subject to verification of his criminal antecedents and the condition that the offered amount be deposited within four weeks, failing which bail would be cancelled.

Issues considered

  • Whether bail can be granted to an accused in an electricity theft case under Section 135 of the Electricity Act, 2003.
  • Whether the alleged loss of Rs.7,76,400 and the claim of habitual offending justify denial of bail.

Legislation cited

Subjects

  • electricity theft
  • bail
  • Section 135
  • habitual offender
  • loss assessment
  • power distribution
  • criminal antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24474 of 2026
                      Arising Out of PS. Case No.-54 Year-2025 Thana- KHIJARSARAI District- Gaya
                 ======================================================
                 Kaushlendra Kumar Son of Madan Sharma R/o Village - Naudiha, P.S. -
                 Khizarsarai, Dist. - Gaya.                        ... ... Petitioner/s
                                              Versus
           1.     The State of Bihar
           2.     Assitant Electrical Engineer, Electric Supply Division, South Bihar Power
                  Distribution Company Khizarsarai, Dist. - Gaya.
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ramakant Sharma, Sr. Advocate
                                          :        Mr. Rakesh Kumar Sharma, Advocate
                 For the Opposite Party/s :        Dr. Ajeet Kumar, APP
                 For the SBPDCL           :        Mr. Vivek Prasad, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
                                       ORAL ORDER
2   16-04-2026                          Heard the learned senior counsel for the petitioner, the

                   learned counsel for the South Bihar Power Distribution Company

                   Limited and the learned APP for the State.

                                    2. The petitioner apprehends his arrest in connection

                   with Khizasarai P.S. Case No. 54 of 2025, for allegedly having

                   committed offence under Section 135 of the Electricity Act, 2003.

                                    3. As per the prosecution story, which has been lodged

                   on the basis of written report submitted by the Assistant Electrical

                   Engineer, Electric Supply Division, Khizarsarai to the effect that

                   while the raiding team reached near the place of occurrence, they

                   found the petitioner using illegal electricity by bypassing the meter

                   through additional PVC wire, which caused loss to the tune of Rs.

                   7,66,400/- to the South Bihar Power Distribution Company Limited.

                                    4. The learned senior counsel for the petitioner submits
Patna High Court CR. MISC. No.24474 of 2026(2) dt.16-04-2026
                                            2/3




          that the petitioner has not committed any offence and the present first

          information report has been lodged by the informant only on the

          basis of suspicion and on the complaint made by some persons who

          were opposed to the construction of the Government Degree College.

          Petitioner has not committed any offence related to power theft. The

          petitioner has also been made accused in Khizarsarai P.S. Case no. 13

          of 2026, which has been lodged under Section 135 of the Electricity

          Act. The learned senior counsel for the petitioner submits that the

          petitioner is ready to deposit Rs. 4,00,000/- within two months.

                          5. The learned counsel for the South Bihar Power

          Distribution Company Limited submits that the petitioner is a

          habitual offender and is in the habit of committing same type of

          occurrence.

                          6. Having heard the rival submissions and after going

          through the record, it appears that the power company as per the

          assessment has quanitified the loss to the tune of Rs. 7,66,400/- and

          the petitioner is ready to deposit Rs. 4,00,000/- in the concerned

          office of the South Bihar Power Distribution Company Limited at

          Khizarsarai within a period of four weeks. Considering the facts and

          circumstances of the case, let the petitioner, above named, in the

          event of arrest or surrender within a period of six weeks, be released

          on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with

          two sureties of the like amount each to the satisfaction of the learned

          Special Judge, Electricity, Magadh Area, Gaya in connection with
          Patna High Court CR. MISC. No.24474 of 2026(2) dt.16-04-2026
                                                      3/3




                    Khizarsarai P.S. Case No. 54 of 2025, subject to the conditions as

                    laid down under Section 482(2) of the B.N.S.S., with further

                    condition:

                                 (1) The learned Court concerned shall verify the criminal

                    antecedent of the petitioner and in case at any stage, it is found that

                    the petitioner has concealed his criminal antecedents, the court

                    concerned shall take steps for cancellation of bail bond of the

                    petitioner. However, the acceptance of bail bonds in terms of the

                    above-mentioned order shall not be delayed for purpose of or in the

                    name of verification.

                                 (2) If the aforementioned amount will not be deposited

                    within a period of four weeks, the learned Court concerned i.e. the

                    learned Court of Special Judge, Electricity, Magadh Area, Gaya will

                    proceed to cancel the bail bond of the petitioner.


                                                (Ritesh Kumar, J)
AjayMishra/-
U     T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.