Bhaday Saw @ Bhaday Sah Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Bhaday Saw @ Bhaday Sah Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail allowed: petitioner, if arrested or surrendering before the court below within eight weeks, to be enlarged on bail on a bail-bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Lakhisarai, subject to Section 482(2) BNSS conditions, including deposit of Rs. 2 lacs upfront by Bank Draft (receipt to be produced at furnishing of bail-bond) and the balance Rs. 4,36,026.50/- in four equal installments of Rs. 1,09,006.62/- each within one year, failing which the court below may cancel the bail-bond.

Issue for consideration

Whether the petitioner, apprehending arrest in Kabaiya P.S. Case No. 465 of 2025 registered for the offence punishable under Section 135 of the Bihar Electricity Act (alleged electricity theft causing alleged loss of Rs. 12,72,053/- to the Government), should be granted anticipatory bail.

Court's answer

The anticipatory bail application is allowed: the petitioner, in the event of his arrest or surrender before the court below within eight weeks, is to be enlarged on bail.

Ratio / Principle

Bail is to be furnished by a bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Lakhisarai, in connection with Kabaiya P.S. Case No. 465 of 2025, subject to the conditions laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Key takeaways

Condition (i): the petitioner shall deposit Rs. 2 lacs through Bank Draft in the office of the Assistant Electrical Engineer, Electric Supply Sub-Division, Lakhisarai and produce its receipt at the time of furnishing the bail-bond.ratio¶18
Condition (ii): the rest of the amount, i.e., Rs. 4,36,026.50/- (Rs. Four Lacs Thirty-Six Thousand Twenty-Six and Fifty Paise), shall be deposited through Bank Draft in the office of the Assistant Electrical Engineer, Electric Supply Sub-Division, Lakhisarai.ratio¶19

Detailed headnote1 paragraphs

Anticipatory bail — granted. Patna High Court (Prabhat Kumar Singh, J.) allowed the anticipatory bail application of Bhaday Saw @ Bhaday Sah, who apprehended arrest in Kabaiya P.S. Case No. 465 of 2025 (Thana Kavaiya, District Lakhisarai) for an offence punishable under Section 135 of the Bihar Electricity Act, the FIR alleging electricity theft causing loss of Rs. 12,72,053/- to the Government. Counsel disputed the alleged amount but admitted deposit of 50% of it, i.e., Rs. 6,36,026.50/-. The petitioner was directed to be enlarged on bail upon arrest or surrender before the court below within eight weeks, on a bail-bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Lakhisarai, subject to the conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, namely: (i) deposit of Rs. 2 lacs by Bank Draft with the Assistant Electrical Engineer, Electric Supply Sub-Division, Lakhisarai, with the receipt to be produced at the time of furnishing the bail-bond; and (ii) deposit of the balance Rs. 4,36,026.50/- in four equal installments of Rs. 1,09,006.62/- each within one year, failing which the court below would be at liberty to cancel the bail-bond. The order was expressly passed without going into the merits, and the payments were made subject to the final outcome of the case.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.18993 of 2026

Arising Out of PS. Case No.-465 Year-2025 Thana- Kavaiya District- Lakhisarai

======================================================

Bhaday Saw @ Bhaday Sah S/O Gulab Saw R/O Village - Choti Kabaiya Ward No - 31, P.S- Kabaiya District - Lakhisarai

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Amarendra Kumar, Advocate Ms. Moni Kumari, Advocate For the Opposite Party/s : Mr. Damodar Prasad Tiwary, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

2 21-04-2026

Heard learned counsel for the petitioner and the State.

Petitioner apprehends arrest in a case registered for the offence punishable under Sections 135 of the Bihar Electricity Act.

As per F.I.R., petitioner is alleged to have indulged in electricity theft, causing loss of Rs. 12,72,053/- to the Government.

After some argument, learned counsel for the petitioner disputes the alleged amount. However, he admits to deposit 50% of the alleged amount i.e., Rs. 6,36,026.50/- to the electricity department, subject to final outcome of the case. Petitioner claims clean antecedent.

Considering the aforesaid contention made on

Patna High Court CR. MISC. No.18993 of 2026(2) dt.21-04-2026 2/3

behalf of the petitioner, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai in connection with Kabaiya P. S. Case No. 465 of 2025, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita with direction to the petitioner that :-

(i) Petitioner shall deposit Rs. 2 lacs through Bank Draft in the office of Assistant Electrical Engineer, Electric Supply Sub-Division, Lakhisarai and produce its receipt at the time of furnishing bail-bond.

(ii) Rest of the amount i.e., Rs. 4,36,026.50/- (Rs. Four Lacs Thirty-Six Thousand Twenty-Six and Fifty Paise ) shall be deposited in four equal installments of Rs. 1,09,006.62/(One Lac Nine Thousand Six Rupees and Sixty-Two Paise ) each within a period of one year thereafter through Bank Draft in the office of Assistant Electrical Engineer, Electric Supply Sub-Division, Lakhisarai, failing which, the learned court below would be at liberty to cancel the bail-bond.

Patna High Court CR. MISC. No.18993 of 2026(2) dt.21-04-2026 3/3

It is made clear that without going into the merit of the case, this order has been passed for the purpose of bail and payment of aforesaid amount shall be subject to the final outcome of the case.

(Prabhat Kumar Singh, J)

Navya/-

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