Maheshwar Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23047 of 2021 Arising Out of PS. Case No.-108 Year-2020 Thana- SIMRA District- West Champaran ====================================================== Maheshwar Dubey, Son of Madan Dubey, R/O Sigadi, P.S.- Semra (CHIURAHA), District- West Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

North Bihar Power Distribution Company Ltd. Through Junior Engineer, Power Supply Unit, Bagaha West Champaran.

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey, Adv.

For the Opposite Party/s :

Mrs.Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-07-2021 Heard the parties through virtual court proceedings. Learned counsel for the petitioner undertakes to remove the defects as pointed out by the office within four weeks of normal functioning of the court, failing which the office is directed to place the matter before the Bench. The petitioner seeks bail in a case registered for the offence punishable under Sections 409 and 420 of the Indian Penal Code.

Prosecution case, in brief, is that as per FIR, the informant Sanjay Kr. Sharma, Jr. Engineer, North Bihar Power Distribution Company Ltd. In which it has been alleged that the informant and other staff went to examine the work of the

Patna High Court CR. MISC. No.23047 of 2021(2) dt.09-07-2021 2/3 petitioner, who was authorized to work as Village Revenue Frenchisee No.31 for spot billing and collection of revenue and in course thereof informant and other staff examined meters and bill of some consumers and I found that the petitioner has committed forgery with respect to billing and collection of money from the consumers due to which loss of Rs.34,700/- was made to North Bihar Power Distribution Co. Ltd. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that the allegation of forgery committed by the petitioner with respect to billing and collection of money from the consumers due to which loss of Rs.34,700/- was made to North Bihar Power Distribution Co. Ltd.

The petitioner has deposited the said amount of Rs.34,700/- on 07.12.2020 which is annexed as Annexure-2 of the bail application. The petitioner is languishing in judicial custody since 23.12.2020. The petitioner has got no criminal antecedent which is mentioned in para 3 of the bail petition. Learned APP for the State opposes the prayer for bail of the petitioner.

Considering the loss amount already deposited by the petitioner, let the petitioner, above named, be released on bail on

Patna High Court CR. MISC. No.23047 of 2021(2) dt.09-07-2021 3/3 furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each in connection with Semra (Chiutaha) P.S. Case No. 108/2020 to the satisfaction of learned Court below where the case is pending.

(Anjani Kumar Sharan, J) amitkumar/- U T