Pyare Tandi Vs the State of Jharkhand — Jharkhand HC (2025) — LawSathi Research

Pyare Tandi Vs the State of Jharkhand — Jharkhand HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to surrender within three weeks and, on surrender/arrest, be released on bail on furnishing a bail bond of Rs.25,000 with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-1, Seraikella, subject to Section 482(2), Bhartiya Nagarik Suraksha Sanhita, 2023; application allowed and disposed of.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner, who is apprehending arrest in R.I.T. P.S. Case No. 84/2024 (sections 135/138, Indian Electricity Act), given that he has deposited Rs.8,000 and Rs.1,00,000 while Rs.1,16,000 remains in dispute.

Court's answer

Considering that the petitioner deposited Rs.8,000 and further Rs.1,00,000, and that the remaining Rs.1,16,000 is still in dispute, the court was inclined to grant anticipatory bail to the petitioner.

Ratio / Principle

The petitioner is directed to surrender before the learned court within three weeks of receipt of the order, and upon surrender/arrest shall be released on bail on furnishing a bail bond of Rs.25,000 with two sureties of the like amount each, to the satisfaction of the learned Additional Sessions Judge-1, Seraikella, in connection with R.I.T. P.S. Case No. 84/2024, subject to the conditions under Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita, 2023.

Detailed headnote1 paragraphs

Anticipatory Bail – Electricity theft (sections 135/138, Indian Electricity Act) – Petitioner (aged about 72 years) apprehending arrest in R.I.T. P.S. Case No. 84/2024, pending before Additional Sessions Judge-1, Seraikella – Alleged loss of energy Rs.8,000 and dues Rs.2,16,603 – Petitioner deposited Rs.8,000 and Rs.1,00,000 (Annexure-2); balance Rs.1,16,000 stated to be in dispute – Anticipatory bail granted: surrender within three weeks, release on bail bond of Rs.25,000 with two sureties of the like amount each, subject to Section 482(2), Bhartiya Nagarik Suraksha Sanhita, 2023 – Application allowed and disposed of (Sanjay Kumar Dwivedi, J.).

2025:JHHC:27981

IN THE HIGH COURT OF JHARKHAND AT RANCHI ABA No.5315 of 2025

Pyare Tandi, aged about 72 years son of Late B. Tandi resident of Road No.05, Adityapur, P.O.-Adityapur-2 P.S.- R.I.T., District- Seraikella (Kharsawan). …. Petitioner

Versus

The State of Jharkhand … Opp. Party

CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

-----For the Petitioner : Mr. Pratik Singh, Advocate For the JUVNL : AC to Mr. Kaushik Sarkhel, Advocate

6/12.09.2025 Heard learned counsel appearing on behalf of Petitioner and

learned APP appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with R.I.T. P.S. Case No. 84/2024, for the offence under sections 135/138 of the Indian Electricity Act, pending in the court of Learned Additional Sessions Judge-1, Seraikella.

Learned counsel appearing for the petitioner submits that the allegation has been made for theft of electricity and the allegation has been made that there is loss of energy to the tune of Rs.8,000/and further the allegation has been made that there is due of Rs.2,16,603/-. He further submits that Rs.8,000/- has been deposited and further Rs.1,00,000/- has also been deposited and buttress to this argument, he has refereed to Annexure-2. Further he submits that Rs.1,16,000/- is in dispute.

Learned counsel for the State opposed the prayer and submits that the amount as stated in Annexure-2 has been paid, however Rs.1,16,000/- is still due.

In view of the above and considering that the petitioner

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2025:JHHC:27981

deposited Rs.8,000/- and further Rs.1,00,000/- has also been deposited and it is pointed out that Rs.1,16,000/- is concerned, it is still in dispute, I am inclined to grant anticipatory bail to the petitioner.

Accordingly, the petitioner above named is directed to surrender before the learned Court within three weeks from the date of receipt of the order and on the event of his surrender / arrest, he shall be released on bail on furnishing bail bond of Rs.25,000/(Twenty-Five Thousand) with two sureties of the like amount of each to the satisfaction of learned Additional Sessions Judge-1, Seraikella, in connection with R.I.T. P.S. Case No. 84/2024, subject to the condition as laid down under Section 482(2) of Bhartiya Nagarik Suraksha Sanhita, 2023.

This Anticipatory Bail Application is accordingly allowed and disposed of.

(Sanjay Kumar Dwivedi, J.)

R.Kumar

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