Patna High Court
Ajay MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that provisional bail could be granted subject to the petitioner’s payment of the loss amount and compliance with the stipulated conditions.
Summary
Ajay Mandal was arrested in a case under Section 135 of the Bihar Electricity Act, 2003 for alleged theft of electricity causing a loss of Rs. 2,48,648 to the South Bihar Power Distribution Co. Ltd. The petitioner, without admitting guilt, offered to deposit the loss amount and sought bail. The court, applying Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, granted provisional bail on the condition that the petitioner furnish a bail bond of Rs. 10,000 with two sureties, immediately deposit Rs. 48,648, and pay the remaining Rs. 2,00,000 in four equal installments within a year. The order stipulated that compliance would lead to confirmation of bail, while non‑compliance could result in cancellation. The court clarified that the order was solely for bail purposes and the deposit would be subject to the final outcome of the criminal case.
Issues considered
- Whether the petitioner is entitled to bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in a case arising under Section 135 of the Bihar Electricity Act, 2003
- Whether the court may condition bail on the payment of the alleged loss amount
Legislation cited
Subjects
- bail
- theft of electricity
- Section 135
- Section 482
- Bihar Electricity Act
- Bharatiya Nagarik Suraksha Sanhita
- provisional bail
- compensation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83039 of 2025
Arising Out of PS. Case No.-34 Year-2023 Thana- PIRPAINTI District- Bhagalpur
======================================================
Ajay Mandal S/o Kisto Mandal Resident of Village- Govindpur Mohanpur, P.O -
Mohanpur, PS- Pirpainti, Distt.- Bhagalpur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Arvind Kumar S/o Jagdish Rajak R/o vill- Mananpur Basti, P.O- Mananpur, P.S.-
Chanan, Distt.- Lakhisarai
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Chandra Shekhar Sharma, Advocate
For the Opposite Party/s : Mr. Syed Mojibur Rahman, APP
For OP 2 : Mr. Ajay Kumar Gautam , Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 05-01-2026 Heard learned counsel for the petitioner, the State
and opposite party no.2.
2. Petitioner apprehends arrest in a case registered for
the offence punishable under section 135 of Bihar Electricity
Act, 2003 .
3. As per F.I.R. petitioner is alleged to have caused
revenue loss of Rs. 248648/- to the Electric Supply Division South
Bihar Power Distribution Co. Ltd., Pirpainti, District- Bhagalpur by
committing theft of energy .
4. Learned counsel for the petitioner submits that the
petitioner, without admitting his guilt and without prejudice to
his right and contention, is ready to deposit Rs. 248648 /- in the
office of Assistant Electrical Engineer, Electric Supply Division,
South Bihar Power Distribution Co. Ltd., Pirpainti Bhagalpur.
5 . Considering the aforesaid facts and other
circumstances, prayer for bail of the petitioner is allowed. In the
event of arrest/surrender within eight weeks from today, let the
Patna High Court CR. MISC. No.83039 of 2025(2) dt.05-01-2026
2/2
petitioner, mentioned above, be enlarged on provisional 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
J M Ist Class, Bhagalpur in connection with Pirpainti Police
Station Case No. 34 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. 48,648/-
shall be deposited by the petitioner in the office of Assistant
Electrical Engineer, Electric Supply Division, South Bihar
Power Distribution Co. Ltd., Pirpainti District- Bhagalpur.
(ii) Rest amount of Rs. 2,00,000/- shall be deposited
by the petitioner in 4 equal installments within 1 year from the
date of furnishing bail bonds.
(iii) If the petitioner complies with the order,
provisional bail shall be confirmed by the court below itself.
(iv) If the petitioner fails to comply with the order,
court below shall be at liberty to cancel bail bonds of the
petitioner.
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)
Koushik/-
U T
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