IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.15102 of 2025 Arising Out of PS. Case No.-357 Year-2022 Thana- ARARIA District- Araria ====================================================== Mohammad Ishtiaque @ Md. Ishtiaque S/o Mohammad Aasik @ Md. Aasik Resident of village - Chanderdai,Ward no.- 06, P.S- R.S, District - Araria ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Gopal Kumar Jha, Advocate For the Opposite Party/s : Mr. Jagdhar Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 08-04-2025 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. 2. This application, for grant of anticipatory bail, arises out of Araria (Madanpur) Police Station Case No. 357 of 2022, disclosing offence under Section 379 of the Indian Penal Code. 3. The prosecution case, as per the First Information Report, is that on 18.04.2022, at about 07:00 A:M, the informant received an information from the villagers that 135 liters of oil of 63 KV transformer located near the culvert of Gram Panchayat Madanpur East, Ward No. 1, has been stolen by unknown thieves at night. Due to theft of oil, the transformer got damaged. It has further been stated that North Bihar Power distribution Company Limited has incurred loss of Rs. 93,960/-. On 23.04.2022, after receiving information from the villagers, Patna High Court CR. MISC. No.15102 of 2025(2) dt.08-04-2025 2/2 informant found that 130 liters of oil of 63 KV transformer located near Gram Panchayat Madanpur West Ward No. 10, Yadav Tola, Main Road has also been stolen by unknown thieves due to which North Bihar Power Distribution company Limited has suffered a loss of about Rs. 10,450/-. 4. Learned Counsel for the petitioner submits that petitioner is not named in the FIR and he has falsely been implicated in this case on the basis of confessional statement recorded by the police in another case in which petitioner was arrested. He next submits that there is a delay in lodging of FIR inasmuch as the informant got the information on 18.04.2022 and written report has been submitted on 28.04.2022 and the FIR has been lodged on 02.05.2022. 5. Having regard to the submissions made by the parties and taking into consideration the nature of allegation and the fact that petitioner is having criminal antecedent of the similar nature of offence, I am not inclined inclined to grant the petitioner privilege of anticipatory bail. 6. This application is, accordingly, rejected. Siwani/- (Anil Kumar Sinha, J) U T