Patna High Court
Sanjay Saw @ Sanjay KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
The court inclined to grant provisional anticipatory bail to the petitioner, subject to a bail bond and payment conditions.
Summary
The petitioner, Sanjay Saw, was apprehended of arrest in connection with a case under Section 135 of the Indian Electricity Act, 2003 alleging financial loss to the Electricity Department. He claimed the premises involved were owned by his mother and rented to a third‑party, and sought anticipatory bail. The State opposed the bail, but the court, without delving into ownership issues, offered provisional bail on the condition that the petitioner deposit a bail bond of Rs 10,000 with two sureties and pay the amount in two installments, the first half immediately and the balance within three months. The bail was conditioned on compliance with Section 438(2) of the CrPC and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The order clarified that its observations were prima facie and would not affect the merits of the trial. Consequently, anticipatory bail was granted subject to the stipulated terms.
Issues considered
- Whether anticipatory bail can be granted under Section 438 CrPC and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita for an offence under Section 135 of the Indian Electricity Act, 2003.
- Whether the ownership and tenancy of the premises are material to the grant of anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
- Electricity Act, 2003 — s. 135
Subjects
- anticipatory bail
- Indian Electricity Act
- Section 135
- Criminal Procedure Code
- Bharatiya Nagarik Suraksha Sanhita
- bail conditions
- ownership
- tenancy
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28771 of 2026
Arising Out of PS. Case No.-9 Year-2026 Thana- BABURA District- Bhojpur
======================================================
Sanjay Saw @ Sanjay Kumar Son of Ramhulash Prasad R/o Village-
Kolhrampur P.S. -Babura District -Bhojpur
... ... Petitioner/s
Versus
1. The State of Bihar bihar
2. The South Bihar Power Distribution company Ltd. Bihar, patna bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Md. Kamaluddin, Adv.
For the O.P.No.2: Mr. Srekant Sharn Singh, Adv.
For the Opposite Party/s : Mr.Zainul Abedin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
3 13-05-2026 Heard the learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Babura P.S. Case No. 09 of 2026 registered for
the offences punishable under Section 135 of Indian Electricity
Act, 2003.
3. The petitioner is alleged to have caused financial
loss to the Electricity Department.
4. Learned counsel for the petitioner asserts that the
premises is owned by his mother and it has been given on rent
to one Kunal Kumar.
5. Learned APP for the State has vehemently opposed
the prayer for anticipatory bail of the petitioner.
Patna High Court CR. MISC. No.28771 of 2026(3) dt.13-05-2026
2/3
6. The court will not go into the niceties of ownership
and tenancy. The petitioner has offered to pay Rs. 56,128/- in
two equal installments. Thus, this court is inclined to grant
provisional bail to the petitioner.
7. Let the petitioner, above named, in the event of
his/her arrest or surrender before the Court below within a
period of thirty days from the date of receipt of the order, 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 Chief Judicial Magistrate, Bh in
connection with Babura P.S. Case No. 09 of 2026, subject to the
conditions as laid down under Section 438(2) of the Code of
Criminal Procedure / Section 482(2) of the Bharatiya Nagarik
Suraksha Sanhita.
8. At the time of furnishing the bail bond he shall
deposit the half of it and within three months he shall be
depositing the rest of the amount. In case of non-deposition of
rest of the money the bail shall stand automatically cancelled.
The anticipatory bail of the petitioner shall be confirmed after
deposit of second installment paying full and final money by the
Trial Court.
Patna High Court CR. MISC. No.28771 of 2026(3) dt.13-05-2026
3/3
9. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Ansul, J)
abhishekkr/-
U
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