Birendra Mahto v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27221 of 2015 Arising Out of PS.Case No. -270 Year- 2014 Thana -MOTIPUR District- MUZAFFARPUR ====================================================== Birendra Mahto, S/o Shiv Nandan Mahto, Resident of Village - Phulwaria, P.S. Baruraj, District - Muzaffarpur.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. The Bihar State Electricity Board through North Bihar Power Distribution Company Limited.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar Pandey For the Opposite Party/s : Mr. Shantanu Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 31-07-2015 Heard learned counsels for the petitioner and the State.

The petitioner is languishing in custody since 23.02.2015 in a case registered for the offences punishable under Sections 406, 409 and 420 of the Indian Penal Code. It is alleged that the petitioner was working as Rural Revenue Franchise of North Bihar Power Distribution Company Limited. It is alleged that the petitioner issued a receipt to Surendra Kushwaha on 30.05.2014 acknowledging the receipt of Rs.14,690/- but the said amount was not credited in the account of the power distribution company.

It is submitted by learned counsel for the petitioner that the petitioner has returned the amount to said

Patna High Court Cr.Misc. No.27221 of 2015 (2) dt.31-07-2015 2/2 Surendra Kushwaha. The petitioner in other cases also issued receipt and misappropriated the amount. It is further submitted that amount has already been returned. Moreover, the investigation has already concluded.

Considering the aforesaid facts, let the above named petitioner, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, Muzaffarpur in connection with Motipur P.S. Case No. 270 of 2014.

The bail bond of the petitioner shall be accepted on verification that the received amount alleged to have been misappropriated by the petitioner has already either credited to the power distribution company or return.

(Dinesh Kumar Singh, J) DKS/- U T