Patna High Court
Arvind KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Provisional bail is granted subject to deposit of Rs.3,50,000 and a bail bond of Rs.10,000 with two sureties.
Summary
Arvind Kumar was charged under IPC sections 279 and 427 and section 139 of the Bihar Electricity Act, 2003 for allegedly crashing his vehicle into an electric pole, causing damage and a power outage affecting 20 villages and a loss of Rs.3,50,000 to the South Bihar Power Distribution Co. Ltd. He applied for bail, offering to deposit the full compensation amount without admitting guilt. The Patna High Court, applying Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, granted provisional bail on the condition that the petitioner deposit Rs.3,50,000 with the Assistant Electrical Engineer and furnish a bail bond of Rs.10,000 with two sureties. The order is provisional, subject to compliance and the final outcome of the criminal case. The court clarified that it is not passing on the merits of the case, only facilitating bail.
Issues considered
- Whether provisional bail should be granted in a case involving offences under IPC 279, 427 and the Bihar Electricity Act, 2003.
- Whether the petitioner can be required to deposit the alleged loss as a condition of bail.
- Whether Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, empowers the court to impose such conditions.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
- Indian Penal Code — s. 279, 427
Subjects
- bail
- provisional bail
- dangerous driving
- mischief
- electricity act
- compensation deposit
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88158 of 2025
Arising Out of PS. Case No.-787 Year-2024 Thana- PHULWARISHARIF District- Patna
======================================================
Arvind Kumar Son of Shivjee Sharma Resident Of Village - Mathiyapur Near
Devi Sthan Kuan Jamsaut, P.S. - Phulwari Sharif, Dist. - Patna.
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Assistant Engineer ,Electric Supply Bhusaula, Phulwari Sharif , Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Tiwary, Advocate
For the Opposite Party/s : Mr. Satya Nand Shukla, APP
For SBPDCL : Mr. Dr. Anand Kumar , Advocate
Mr. Ranjan Prakash, Advocate
Mr. Anuradha Mishra, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 17-01-2026 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 279 and 427 of IPC and
section 139 of Bihar Electricity Act, 2003 .
3 . As per F.I.R. petitioner is alleged to have crashed
his vehicle into a pole due to which pole got damaged and it led
to interruption of electricity supply in 20 villages and as such,
Patna High Court CR. MISC. No.88158 of 2025(2) dt.17-01-2026
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petitioner caused revenue loss of Rs. 3,50,000/- to the Electric
Supply Division South Bihar Power Distribution Co. Ltd.,
Bhusaula , Phulwari Sharif, District- Patna .
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. 3,50,000 in the
office of Assistant Electrical Engineer, Electric Supply Division,
South Bihar Power Distribution Co. Ltd., Bhusaula , Phulwari
Sharif, Patna .
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
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
Special Judge (Electricity) , PESU Area , Patna in connection
with Phulwari Sharif Police Station Case No. 787 of 2024 ,
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. 3,50,000/-
shall be deposited by the petitioner in the office of Assistant
Electrical Engineer, Electric Supply Division, South Bihar
Power Distribution Co. Ltd., Bhusaula , Phulwari Sharif District-
Patna .
(ii) If the petitioner complies with the order,
provisional bail shall be confirmed by the court below itself.
(iii) If the petitioner fails to comply with the order,
court below shall be at liberty to cancel bail bonds of the
petitioner.
Patna High Court CR. MISC. No.88158 of 2025(2) dt.17-01-2026
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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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