Suman Kumar @ Shri Suman Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55733 of 2015 Arising Out of PS.Case No. -141 Year- 2015 Thana -MATIHANI District- BEGUSARAI ====================================================== Suman Kumar @ Shri Suman Kumar, son of Late Ram Balak Singh, resident of Village-Sihma, P.S.-Matihani, District-Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Suneil Kumar Thakur For the Opposite Party/s : Mr. Matloob Rab(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 09-12-2015 Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 409, 420 of the Indian Penal Code.

The petitioner being revenue collecting agent of meter reading and bill of the electricity failed to deposit the Rs. 1,28,383/- and Rs. 5,777/- as interest to the electricity department.

It is submitted by learned counsel for the petitioner that petitioner was to collect the revenue on payment of 6% of the collected revenue but petitioner was paid only 3% of the total collected amount. However, the petitioner is ready to settle the issue and deposit the amount within a period of six weeks.

Mr. Ojha, learned counsel for the North Bihar Power Distribution Company accepts the offer of the petitioner and submits that petitioner is at liberty to raise the

Patna High Court Cr.Misc. No.55733 of 2015 (2) dt.09-12-2015 2/2 issue with regard to the quantum of commission before the appropriate authority mentioned under the franchise agreement.

Considering the aforesaid facts, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on provisional anticipatory bail for three months on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Begusarai in connection with Matihani P.S. Case No. 141 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. The provisional bail of the petitioner will be confirmed by learned Court below on deposit of the entire amount along with the interest within a period of three months. (Dinesh Kumar Singh, J) Shageer/- U T