IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.47013 of 2025 Arising Out of PS. Case No.-104 Year-2024 Thana- MIRGANJ District- Gopalganj ====================================================== Sahabuddin Miya Son of Md. Hazi Miya @ Nijamudin Miya R/O Vill- Kusondhi, P.S.- Mirganj, District- Gopalganj ... ... Petitioner/s Versus 1. The State of Bihar 2. The Junior Electrical Engineer, North Bihar Power Distribution Company Ltd. Electricity Supply Dept Bihar. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Aakash Choudhary For the Opposite Party/s : Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 2 04-08-2025 Heard learned counsel for the petitioner and learned Additional public prosecutor representing the State. 2. The petitioner is apprehending his arrest in connection with Mirganj P.S. Case No. 104 of 2024 for the offence under Section 414 of the BNS. 3. Prosecution story in a nutshell is that during an inspection at Shahabuddin Miyan’s premises in Village Kusaudi, Gopalganj district, officials found stolen electrical materials hidden under straw, including various types of ACSR conductors, 33KV equipment, and cables worth Rs. 79,809/-. The police from Mirganj P.S. were called, and the materials were handed over to them. This incident is linked to the theft Patna High Court CR. MISC. No.47013 of 2025(2) dt.04-08-2025 2/3 from the 33KV line between Hathua Grid and the Mirzapur- Sohagpur power substations, where large quantities of electrical infrastructure were stolen. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case. From perusal of the F.I.R. it would manifest that the name of the petitioner has been implicated only on the basis of suspicion and due to high handiness of the police officials, rather the petitioner has nothing to do with the alleged incident. Learned counsel further submits that there is delay of three days in lodging the F.I.R. and the reason for the delay is not explained. Either in the F.I.R. or in the seizure list, it is not mentioned that the stolen articles which were mentioned in the seizure list were recovered from his house or from which place, it is totally vague. Petitioner has got no criminal antecedent. Petitioner has clean antecedent as per para 3 of the bail petition. 5. Learned APP vehemently opposes the prayer for bail. 6. Keeping in view the aforesaid facts, this Court is inclined to extend him the privilege of anticipatory bail. 7. Let the petitioner be released on bail in the event of Patna High Court CR. MISC. No.47013 of 2025(2) dt.04-08-2025 3/3 arrest or surrender within a period of four weeks from the date of receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj, in connection with Mirganj P.S. Case No. 104 of 2024 subject to the conditions as laid down under Section 482 of B.N.S.S., as also with the following conditions:- (i) One of the bailors should be close relative of the petitioner. (ii) if the petitioner tampers with the evidence or threatens the witness, in that case, the prosecution will be at liberty to move for cancellation of bail. (iii) In case, the petitioner repeats offence of similar nature after enlargement on bail, his bail bonds may be cancelled by the learned trial Court. Ankit Kumar/- (S. B. Pd. Singh, J) U T