Dinendra Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24606 of 2018 Arising Out of PS.Case No. -41 Year- 2018 Thana -FATUHA District- PATNA ===================================== Dinendra Kumar, son of Sri. Bachaspati Tripathi, resident of Village+P.O.-Gauri Pandah, P.S.-Fatuha, District-Patna .... .... Petitioner/s

Versus

1. The State of Bihar

2. The South Bihar Power Distribution Company Limited, Patna .... .... Opposite Party/s ===================================== Appearance :

For the Petitioner/s : Mr. Pawan Kumar For the Opposite Party/s : Mr. Smt. Reena Sinha ===================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 25-04-2018 The petitioner seeks bail in anticipation of his arrest in connection with Fatuha P.S. Case No. 41 of 2018 dated 25.01.2018 instituted for the offences under Sections 406, 420, 467, 468, 471 of the Indian Penal Code.

The petitioner along with others is alleged to have modified/tampered with the DCR (Daily Collection Register) and thereby has reduced the amount of collection, causing losses to the electric supply company. The losses incurred by the company, because of the conduct of the petitioner, has been assessed at Rs. 93,649/-. The total loss is quantified at

Patna High Court Cr.Misc. No.24606 of 2018 (2) dt.25-04-2018 2/3 Rs. 9,22,623/-.

The learned counsel for the petitioner has submitted that petitioner has falsely been implicated in this case because of the collusion of the other officials of the electric supply company, sub-division, Fatuha. The petitioner was never posted at the collection centre of revenue viz. RAPDRA (Restructured Accelerated Power Development and Reform Programme for Urban Area). The job of collection of revenue is entrusted to the counter Clerk, Cashier and the Guard who are required to be supervised and controlled by the Assistant Electrical Engineer. The petitioner, at the relevant time was posted as Executive Assistant and his mandate was only towards printing of electricity bill of consumers, entry of new connection, entry of bill receipt number in National Information Centre for certification of the Assistant Electrical Engineer.

The learned counsel for the petitioner, therefore, submits that if there has been any tampering with the DCR (Daily Collection Register), the petitioner cannot be blamed for the same.

The petitioner does not have any criminal antecedent. Considering the aforesaid facts, let the petitioner, above named, in the event of his arrest or surrender before learned Court below within a period of four weeks from

Patna High Court Cr.Misc. No.24606 of 2018 (2) dt.25-04-2018 3/3 today, be released on bail on his furnishing bail bonds of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Patna City in connection with Fatuha P.S. Case No. 41 of 2018.

(Ashutosh Kumar, J) Shageer/- U T