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Patna High Court

Ranjay KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court stayed the petitioner’s arrest for five weeks and directed the electricity company to consider any compounding application filed within one week, with a final order to be passed within four weeks.

Summary

The petitioner, Ranjay Kumar, feared arrest in a criminal case (PS Case No. 111 of 2025) for alleged illegal consumption of electricity under Section 135 of the Electricity Act, 2003. The prosecution alleged that he had connected a wire to the main LT line without a valid connection. The petitioner contended his innocence and sought to approach the South Bihar Power Distribution Co. Ltd. for compounding the offence under Section 152 of the same Act. The court examined whether a stay of arrest could be granted pending the filing and consideration of a compounding application. It directed that if the petitioner files the compounding application within one week, the electricity company must decide within four weeks, and the petitioner shall not be arrested for the next five weeks. The application was consequently disposed of with the stay order.

Issues considered

  • Whether the petitioner is entitled to a stay of arrest pending a compounding application under Section 152 of the Electricity Act, 2003.
  • Whether the court can impose a time-bound condition on the electricity company to consider the compounding application.

Legislation cited

Subjects

  • electricity theft
  • compounding of offence
  • stay of arrest
  • Section 135
  • Section 152
  • High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90958 of 2025
                   Arising Out of PS. Case No.-111 Year-2025 Thana- Ramgarh Chowk District- Lakhisarai
                 ======================================================
                 Ranjay Kumar Son of Late Ramvilash Singh Resident of Village- Parsawan,
                 P.S.- Ramgarh Chouk, District- Lakhisarai

                                                                                    ... ... Petitioner/s
                                                         Versus
           1.    The State of Bihar
           2.    The South Bihar Power Distribution Co. Ltd. Patna Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s       :      Mr.Mukesh Kumar, Advocate
                 For the State              :      Mr.Ashok Kumar Singh, APP
                 For the O.P. No. 2         :      Mr.Shrakant Sharan Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   28-01-2026                            Heard learned counsel for the petitioner and

                   learned APP for the State.

                                    2. The petitioner apprehends his arrest in

                   connection with Ramgarh Chowk P.S. Case No. 111 of 2025

                   registered for the offence under Section 135 of Electricity Act,

                   2003.

                                    3.      As per the prosecution case, petitioner is

                   accused of consuming the electricity by connecting wire in the

                   main L.T. line without any valid electricity connection.

                                        4. It has been submitted by the learned counsel for

                   the petitioner that the petitioner is innocent and he has falsely

                   been implicated in this case. It is next submitted that petitioner

                   will approach O.P. No. 2 for compounding under Section 152
              Patna High Court CR. MISC. No.90958 of 2025(2) dt.28-01-2026
                                                          2/2




                        Indian Electricity Act, 2003.

                                         5. If such an application is filed by the petitioner

                        within one week the same shall be considered by the Electricity

                        company and final order shall be passed within four weeks.

                                         6. For the next five weeks, the petitioner shall not

                        be arrested.

                                         7. This application stands disposed of.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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