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Patna High Court

Himanshu Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The Court refused to grant anticipatory bail to the petitioner.

Summary

The petitioner, Himanshu Kumar Singh, was charged under several provisions of the Bharatiya Nyaya Sanhita and Section 135 of the Electricity Act for allegedly stealing electricity by making an unauthorized connection to a NBPDCL pole, resulting in a loss of Rs. 4,86,550. He applied for anticipatory bail, asserting his innocence and a clean antecedent. The State opposed the bail, emphasizing the seriousness of the offences. The Court examined the nature of the alleged theft and the potential loss to the electricity board. Considering the gravity of the accusations, the Court refused the petitioner's anticipatory bail application.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in view of the alleged electricity theft and the seriousness of the offences under the Bharatiya Nyaya Sanhita and the Electricity Act

Legislation cited

Subjects

  • anticipatory bail
  • electricity theft
  • Bharatiya Nyaya Sanhita
  • Electricity Act
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.43112 of 2026
                    Arising Out of PS. Case No.-79 Year-2026 Thana- SIDHWALIYA District- Gopalganj
                 ======================================================
                 Himanshu Kumar Singh Son of Kamal Kumar Singh Resident of Village-
                 Bakhraur, P.S.- Sidhwaliya, District- Gopalganj.

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Sharique Asir, Junior Engineer, Electricity Supply Branch, Sidhwalia,
                 Gopalganj Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Javed Aslam, Advocate
                 For the Opposite Party/s :       Mr. Ashok Kumar Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   01-07-2026                   Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in Sidhwaliya P. S.

                   Case No. 79 of 2026 registered for the offences punishable

                   under Sections 126(2), 127(2), 115(2), 132, 109, 351(3), 3(5) of

                   the Bharatiya Nyaya Sanhita and Section 135 of the Electricity

                   Act.

                                3. Prosecution case, in brief, is that this petitioner

                   committed theft of electricity by using unauthorized wire

                   connection, directly from the pole of NBPDCL. During

                   investigation, the load in his premises was found to be 5.846

                   KW/DS1D, causing loss of Rs. 4,86,550/- to the company.

                                4. Learned counsel for the petitioner submits that
              Patna High Court CR. MISC. No.43112 of 2026(2) dt.01-07-2026
                                                          2/2




                        petitioner is innocent and has committed no offence. Petitioner

                        claims clean antecedent.

                                     5. Learned A.P.P. for the State vehemently opposed

                        the bail application.

                                     6. Considering the nature and seriousness of

                        accusation, prayer for anticipatory bail of the petitioner is

                        refused.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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