Biswajeet Kumar Ram @ Vishwajeet Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.10756 of 2015 (3) dt.30-06-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10756 of 2015 Arising Out of PS.Case No. -459 Year- 2014 Thana -BETTIAH TOWN DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Biswajeet Kumar Ram @ Vishwajeet Kumar S/o Jeewan Kumar Ram Resident of Mohalla Gulabbag, Post + P.S. Bettiah Town, District West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Surendra Singh For the Opposite Party/s Mr. Rajesh Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 30.06.2015 Power is filed on behalf of the petitioner.

Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner apprehends his arrest in connection with Bettiah Town P. S. case no. 459/2014 registered under sections 420, 467, 468 and 471 of the Indian Penal Code.

The accusation against the petitioner is that he issued forged and fabricated receipts of the electricity to the consumers of Electricity department.

The contention on behalf of the petitioner is that petitioner was franchise of Electricity department and his duty was to read electric meters and issue bill receipts and so far as realization of electric bills are concerned, petitioner was not authorized to do so nor he realized any amount and, as a matter of fact, officials of the

Patna High Court Cr.Misc. No.10756 of 2015 (3) dt.30-06-2015 Electricity department themselves made forged bills and issued forged receipts to the consumers and when the matter came to light, they lodged false case against the petitioner.

It would appear from perusal of the case diary which has been written up to para 57 dated 4.5.2015 that investigation of this case is still pending and the signature of the petitioner has not been tallied with the signatures found on the receipts in question. In view of the aforesaid facts and circumstances, this anticipatory bail petition stands disposed of with direction to the Investigating officer not to take any coercive step against the petitioner till comparison of the signature of the petitioner with the signatures on the receipts and if it is found on comparison of signature of the petitioner on the receipts by a handwriting expert that the signatures on the receipts are of the petitioner, Investigating officer/ concerned court may take steps against the petitioner in accordance with law. Furthermore, petitioner must cooperate with the Investigating officer and shall appear before the Investigating officer whenever and wherever his presence is required by the Investigating officer.

shahid (Hemant Kumar Srivastava,J) U T