Patna High Court
CR. MISC./57582/2026 of Komesh Ram @ Kamesh Ram Vs The State of Bihar on 19 August 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.57582 of 2026 Arising Out of PS. Case No.-245 Year-2025 Thana- AURANGABAD TOWN District- Aurangabad ====================================================== Komesh Ram @ Kamesh Ram Son of Banarasi Ram Resident of Village- New Area, Devi
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57582 of 2026
Arising Out of PS. Case No.-245 Year-2025 Thana- AURANGABAD TOWN District- Aurangabad
======================================================
Komesh Ram @ Kamesh Ram Son of Banarasi Ram Resident of Village- New Area, Devi Mandir, P.S.- Town, District- Aurangabad (Bihar)
... ... Petitioner/s
Versus
1.
The State of Bihar and Ors.
2.
Raju Praad Gupta, Junior Engineer Electric Department Supply Branch Town (2), Aurangabad, P.O. and P.S. and District- Aurangabad (Bihar)
... ... Opposite Party/s
Appearance :
For the Petitioner/s
:
Mr. Shailesh Kumar Singh, Advocate
For the Opposite Party/s :
Mr. Shailendra Kumar, APP
For the Opposite Party No. 2 : Mr. Shrekant Sharan Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
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ORAL ORDER
19-08-2026 Heard the parties.
2. The petitioner is apprehending his arrest in connection with Town P.S. Case No. 245 of 2025 for the offence under section 135 of the Electricity Act, 2003 lodged on 24.04.2025 by the informant, Raju Prasad Gupta.
3. As per the prosecution story, the allegation by the Government informant who is serving with the South Bihar Power Distribution Company is that despite the dues of Rs 6,17,800/- and disconnection of electric meter, the petitioner was illegally using the electricity and accordingly, number of persons were raided. So far as the petitioner Komesh Ram @ Kamesh Ram is concerned, the allegation is that through illegal electric connection, he consumed power to the tune of Rs. 1,42,073/- and if the total amount is calculated (the earlier amount of Rs. 6,17,800/-) it comes to Rs. 7,59,873/-. This led to the FIR.
4. Learned counsel for the petitioner submits that so far as the first amount of Rs. 6,17,800/- is concerned, he has submitted an appropriate application before the grievance cell and the same is spending consideration. Regarding the second part of Rs. 1,42,073 is concerned, though he denies using the illegal electricity connection, is ready to pay the amount through through Demand Draft issued by the local branch of the State Bank of India/any Nationalized Bank to be submitted before the ‘NAZARAT’ of concerned Court to be handed over to the informant after checking the credentials.
5. Learned counsel representing the Electricity Department though opposes the prayer concede that as he is ready to pay the aforesaid amount of Rs. 1,42,073, reserving their right to take the matter to its logical conclusion, they do not have objection.
6. Taking into account the aforesaid fact as also that the petitioner do not have criminal antecedent, in that background, this Court is inclined to extend him the privilege of anticipatory bail with conditions subject to payment of Rs. 1,42,073 as undertaken by the learned counsel for the petitioner to be paid by Demand Draft of local branch of the State Bank of India/any Nationalized Bank to be submitted to the Trial Court.
7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Special Court, Electricity, Magadh area, Gayaji, Bihar in connection with Town P.S. Case No. 245 of 2025 subject to the following conditions:
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document (Aadhaar Card/Voter ID Card/Pan Card/Driving License) to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.
Sanny/- (Rajiv Roy, J) U T