Prince Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39295 of 2020 Arising Out of PS. Case No.-169 Year-2018 Thana- PHULWARIA District- Begusarai ====================================================== Prince Kumar, male, aged about 31 years, Son of Sanjay Singh, Resident of Village- Keshawe, P.S.- Barauni, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Adv.

Mr. Udbhav, Adv.

For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 07-12-2021 Heard Mr. Ajay Kumar Thakur, the learned Advocate for the petitioner and the learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Phulwaria P.S. Case No. 169 of 2018, dated 17.12.2018, instituted for the offences under Sections 406, 420 and 34 of the Indian Penal Code. The informant of this case is the accredited

Patna High Court CR. MISC. No.39295 of 2020(2) dt.07-12-2021 2/3 distributor of electrical energy on behalf of the North Bihar Power Distribution Company Ltd. The company had engaged the services of one Jata Shankar Singh, who had sublet the work to other contractors including the petitioner. It has been alleged that aforesaid Jata Shankar Singh abandoned the work midway and in his place another person was appointed to look after the work of distribution of electrical energy in far flung village areas. The aforesaid new appointee has disclosed that the sub-contractors are neither working in the field nor are they returning the equipments given to them.

The learned counsel for the petitioner has submitted that the accusation is absolutely vague. There is nothing on record to indicate that the petitioner was chosen as a sub-contractor by aforesaid Jata Shankar Singh and under what terms and conditions. The petitioner denies of having kept back any equipment or of not working in accordance with the mandate given to him.

Regard being had to the aforesaid nature of accusation, the petitioner, in the event of his arrest or

Patna High Court CR. MISC. No.39295 of 2020(2) dt.07-12-2021 3/3 surrender before the learned Court below within a period of three weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-Ist Class, Begusarai in connection with Phulwaria P.S. Case No. 169 of 2018, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) Praveen-II/- U T