Arvind Kumar Singh Upkar v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.43708 of 2016 (2) dt.17-10-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43708 of 2016 Arising Out of PS.Case No. -66 Year- 2016 Thana -KISHANGANJ District- KISANGANJ ====================================================== Arvind Kumar Singh Upkar, Son of Surendra Prasad Singh Upkar, Resident of Dharamganj, P.S. and District Kishanganj.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Managing Director, North Bihar Power Distribution Company Ltd. Bailey Road, Vidyut Bhawan, Patna.

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

For the Petitioner/s : Mr. Diwakar Sinha, Advocate. For the Opposite Party/s : Mr. Smt. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 17-10-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Kishanganj P.S. Case No. 66 of 2016 registered under Sections 420, 406 and 120(B) of the Indian Penal Code pending in the court of Chief Judicial Magistrate, Kishanganj.

The accusation is that petitioner being the Correspondence Clerk of Electric Supply Sub-Division, Thakurganj collected Rs.16,16,713.77/- to the consumers but he did not deposit the said amount in the Department. In spite of several letters, he did not deposit 15 cash register/book in the Department.

Patna High Court Cr.Misc. No.43708 of 2016 (2) dt.17-10-2016 Learned counsel for the petitioner submits that, in fact, the money as collected by the petitioner from the consumer has been deposited in the office but petitioner has falsely been implicated in this case due to ulterior motive. Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for grant of anticipatory bail stands rejected. The petitioner is directed to surrender before the trial court within four weeks and pray for regular bail, which would be considered by the trial court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T