Jagdish Prasad Varma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3486 of 2015 Arising Out of PS.Case No. -255 Year- 2011 Thana -KHAZANIHAT District- PURNIA ====================================================== Jagdish Prasad Varma, S/o Late Narbadeshwar Prasad Varma, Resident of Flat No. 503 - A, Lotus Apartment, New Patliputra Colony, P.S. - Patliputra, Dist. - Patna, Bihar.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 27-01-2015 Heard both sides.

The petitioner is apprehending his arrest in a case registered under Section 406 and other sections of the Indian Penal Code and Sections 07/13 of the Prevention of Corruption Act. Learned counsel for the petitioner submits that the F.I.R. was lodged for installing defective meters causing revenue loss to the Electricity Department. It is further submitted that the occurrence took place in the year 1992-1993. The petitioner was then the Electrical Executive Engineer, M.R.T. Division, Purnea. It was the petitioner who had detected the defective meters and reported the same to the concerned authority. It is further submitted that co-accused Kampeshwar Prasad Singh @ Kampeshwar Sinha, Subhash Chandra Mishra and Satyanand

Patna High Court Cr.Misc. No.3486 of 2015 (2) dt.27-01-2015 2/2 Thakur have been granted anticipatory bail vide Cr. Misc. Nos. 33065/2011, 31838/2011 & 31663/2011. The petitioner has retired in the year 1999 and after 12 years of his retirement, the case was lodged.

Having considered the facts that after 12 years of retirement of the petitioner, the present case was filed for installing defective meters due to which loss of revenue of about rupees 6.6 lakhs is said to have been caused to the Electricity Department and similarly situated co-accused have already been enlarged on anticipatory bail, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, is directed to be enlarged on bail on furnishing bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Vigilance Judge II, Patna in Special Case No. 17/2011, arising out of K. Hat P.S. Case No. 255, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Dilip/- U T