Patna High Court
Kaushlendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
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
- Code of Criminal Procedure, 1973 — s. 482(2)
- Electricity Act, 2003 — s. 135
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/-
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