Om Prakash ChaubeyversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40669 of 2026
                   Arising Out of PS. Case No.-488 Year-2025 Thana- KUDRA District- Kaimur (Bhabua)
                 ======================================================
                 Om Prakash Chaubey Son of Sri Banshidhar Chaubey Resident of Village-
                 Gajiraha, P.O.- Nasej, P.S.- Kudraa, District- Kaimur at Bhabhua.

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    The South Bihar Power Distribution Corporation Ltd., through its Managing
                 Director, Vidyut Bhawan, Bailey Road, Near Income Tax Golambar, Patna, -
                 800021.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rajesh Kumar Sinha, Advocate
                 For the Opposite Party/s :       Mr. Uma Shankar Prasad Singh, APP
                 For SBPDCL               :       Ms. Y. Madhvi, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   06-07-2026                  1. Heard learned counsel for the petitioner, the

                   learned APP for the State and the learned counsel appearing on

                   behalf of the South Bihar Power Distribution Corporation

                   Limited.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Section 135 of the

                   Electricity Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and the informant

                   alleges that on secret information on 23.12.2025, the under

                   construction house of the petitioner was raided and it was found

                   that petitioner was committing theft of electricity illegally by
Patna High Court CR. MISC. No.40669 of 2026(2) dt.06-07-2026
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          connecting a low voltage wire without electric connection

          causing loss of Rs. 87,679/- to SBPDCL.

                       4. Learned counsel appearing on behalf of the

          petitioner submits that petitioner has been falsely implicated in

          the instant case and the amount assessed is exaggerated. It is

          further submitted that since FIR came to be instituted, hence, the

          petitioner could not move before the authorities seeking his

          relief in terms of the Electricity Act. It is next submitted that if

          privilege of anticipatory bail is granted, the petitioner is willing

          to deposit 30% of the assessed amount and thereafter will

          approach the authorities to seek remedies in accordance with

          law.

                       5. Learned A.P.P. for the State as well as the learned

          counsel appearing on behalf of SBPDCL opposes the

          anticipatory bail application of the petitioner.

                       6. After hearing the learned counsel for the parties,

          the petitioner above-named, in the event of his arrest or

          surrender within a period of six weeks from today, be released

          on anticipatory bail on furnishing bail bonds of Rs. 10,000/-

          (Rupees Ten Thousand) with two sureties of the like amount

          each to the satisfaction of the learned trial court where the case

          is pending/successor court in connection with Kudra P.S. Case
            Patna High Court CR. MISC. No.40669 of 2026(2) dt.06-07-2026
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                      No. 488 of 2025 subject to the conditions as laid down under

                      Section 482 (2) of BNSS.

                                   7. It is made clear that petitioner, on the date of

                      surrender, shall produce a receipt of depositing an amount of Rs.

                      27,000/- with the SBPDCL.

                                   8. It is further made clear that if petitioner is not able

                      to produce the receipt depositing an amount of Rs. 27,000/- with

                      the SBPDCL on the date of surrender, in that event the

                      anticipatory bail bonds of the petitioner shall not be accepted,

                      but if the petitioner, on the date of surrender, submits the receipt

                      of Rs. 27,000/- deposited with SBPDCL, in that event his

                      anticipatory bail bonds shall be accepted forthwith.



                                                        (Satyavrat Verma, J)
Rishabh/-

U      T