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Patna High Court

Chandan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail may be granted under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, subject to the stipulated monetary deposit and other conditions, without examining the merits of the alleged offence.

Summary

Petitioners Chandan Kumar and Saurav Kumar Jha sought anticipatory bail fearing arrest in a case registered under Section 135 of the Electricity Act for alleged theft of electricity causing losses of Rs.3,45,774 and Rs.3,60,686 respectively. They submitted a supplementary affidavit offering to deposit Rs.1,75,000 and Rs.1,85,000 respectively, without admitting guilt, as part of the bail bond. The High Court, applying Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, considered the request and the conditions proposed. It granted provisional bail on the condition that each petitioner furnish a bail bond of Rs.10,000 with two sureties and deposit the specified amounts in the office of the Assistant Electrical Engineer. The order was made without delving into the merits of the theft allegations, and the court retained the power to cancel bail if conditions are not complied with.

Issues considered

  • Whether anticipatory bail can be granted under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in a case of alleged electricity theft under Section 135 of the Electricity Act.
  • Whether the court may impose monetary deposit and other conditions as prerequisites for granting anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • electricity theft
  • Section 135 Electricity Act
  • Section 482
  • bail conditions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.72656 of 2025
                     Arising Out of PS. Case No.-16 Year-2023 Thana- RAJNAGAR District- Madhubani
                 ======================================================
           1.     Chandan Kumar, S/o- Sri Haridev Thakur, Village- Koilakh, PS-Rajnagar,
                  District- Madhubani
           2.    Saurav Kumar Jha, S/o- Sri Bhartendu Kumar Jha @ Bhartendu Nath Jha,
                 Village- Koilakh, PS-Rajnagar, District- Madhubani

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    North Bihar Power Distribution Company Limited through Assistant
                 Electrical Engineer, Electrical Sub Division, Pandaul,District- Madhubani

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Manoj Kumar Jha, Advocate
                 For the N.B.P.D.C.L      :       Mr. Dr. Anand Kumar, Advocate
                                                  Mr. Rajan Prakash, Advocate
                 For the Opposite Party/s :       Mr. Akshay Lal Pandit, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

4   13-01-2026                    Heard learned counsel for the petitioners, learned

                   A.P.P. for the State and learned counsel for the informant.

                                  2. The petitioners apprehend their arrest in a case

                   registered for the offence under Section 135 of the Electricity

                   Act.

                                  3. Petitioners are alleged to have caused revenue loss

                   of Rs. 3,45,774/- and Rs. 3,60,686/- respectively to the

                   Electrical Supply Sub Division, North Bihar Power Distribution

                   Co. Ltd., Pandaul, District – Madhubani by committing theft of

                   electricity.
Patna High Court CR. MISC. No.72656 of 2025(4) dt.13-01-2026
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                        4. By filing supplementary affidavit, learned counsel

          for the petitioners submits that the petitioner nos 1 and 2,

          without admitting their guilt and without prejudice to their right

          and contention, are ready to deposit Rs.1,75,000/- and Rs.

          1,85,000/- respectively, in the office of Assistant Electrical

          Engineer, Electrical Supply Sub Division, North Bihar Power

          Distribution Co. Ltd., Pandaul, District – Madhubani at the time

          of furnishing bail bonds.

                        5. Considering the aforesaid facts of the case, prayer

          for bail of the petitioners is allowed. In the event of

          arrest/surrender within eight weeks from today, let the

          petitioners, mentioned above, be enlarged on provisional bail on

          furnishing bail bond of Rs.10,000/- (ten thousand) each with

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

          A.C.J.M., Madhubani in Rajnagar Police Station Case No. 16 of

          2023, G.R. No. 120 of 2023 subject to the conditions laid down

          under section 482 of the Bharatiya Nagarik Suraksha Sanhita,

          2023 as well as on following conditions:-

                        (i) At the time of furnishing bail bond, Rs. 1,75,000/-

          shall be deposited by the petitioner no. 1 and Rs. 1,85,000/- by

          the petitioner no. 2, in the office of Assistant Electrical

          Engineer,        Electric Supply Division, North Bihar Power
            Patna High Court CR. MISC. No.72656 of 2025(4) dt.13-01-2026
                                                        3/3




                      Distribution Co. Ltd., Pandaul, District – Madhubani.

                                     (ii) If the petitioners complies with the order,

                      anticipatory bail shall be confirmed by the court below itself.

                                     (iii) If the petitioners fails to comply with the order,

                      court below shall be at liberty to cancel bail bonds of the

                      petitioners.

                                     6. It is made clear that without going into the merit

                      of the case, aforesaid order has been passed only for the purpose

                      of grant of bail and this deposit would be subject to the final

                      result of the criminal case.


                                            (Prabhat Kumar Singh, J)

khushbu/-

U      T


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