Prasant Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21510 of 2017 Arising Out of PS.Case No. -213 Year- 2016 Thana -DAUDNAGAR District- AURANGABAD ====================================================== Prasant Kumar, Son of Sri Jai Prakash Singh, Resident of Village- Tarari, Police Station- Daudnagar, District- Aurangabad. .... .... Petitioner

Versus

1. The State of Bihar.

2. The Managing Director, South Bihar Power Distribution Company Limited.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Javed Aslam For the Opposite Party/s : Mr. Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-05-2017 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Daudnagar P.S. Case No. 213 of 2016 for the offences instituted under Section 409 of the Indian Penal Code. The allegation against the petitioner is that being a employee of Electricity Department, has collected revenue from his allotted area and he has to deposit the same but he has not yet deposited the money, in spite of several notices and thus, he defalcated the total amount of Rs. 135882.70 including interest. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation

Patna High Court Cr.Misc. No.21510 of 2017 (2) dt.24-05-2017 2/2 of tampering of witnesses alleged against the petitioner. The petitioner has been made accused due to mistake of fact. The State revenue collected was not deposited by the petitioner on time. From perusal of Anneuxre-2, it is evident that the petitioner had already deposited the amount in question with the competent authority.

On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Daudnagar P.S. Case No. 213 of 2016 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Daudnagar, Aurangabad, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Amit/- U T