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Patna High Court

Ajay MandalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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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