Nageshwar Yadav @ Nageshwar Prasad v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.55381 of 2016 (2) dt.23-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55381 of 2016 Arising Out of PS.Case No. -79 Year- 2016 Thana -DHARHARA District- MUNGER ====================================================== Nageshwar Yadav @ Nageshwar Prasad, son of late Mohan Yadav, resident of village Fulka, P.S. Jamalpur, District- Munger. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Assistant Electric Engineer, Electric Supply Sub-Division, Jamalpur, Bihar, Patna.

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

For the Petitioner/s : Mr. Kamal Kishore Jha, Advocate. For the Opposite Party/s : Mr. Sri Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 23-12-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Dharhara P.S. Case No. 79 of 2016 registered under Sections 419, 420, 467, 468, 471, 406, 120(B)/34 of the Indian Penal Code. The accusation is that, on 28.08.2016, it was detected by the Cashier, Electric Supply Sub-Division, Dhrhara, that two fake receipts have been issued to electricity power consumer, on which, Officials of Electric Department came in action. On 29.08.2016, information was received regarding issuing the receipt against the electric bill in village Valar, the official of Electricity Department reached there and caught hold a person, who disclosed his name as Shankar Tanti, who disclosed that bill of electricity

Patna High Court Cr.Misc. No.55381 of 2016 (2) dt.23-12-2016 was supplied by this petitioner.

Learned counsel for the petitioner submits that, in fact, petitioner was the employee in the Electric Department but he left the job and engaged himself in other department and he has falsely been implicated in this case mere on suspicion. Further submission is that no any electric bill was recovered from possession of Shankar Tanti, who said about providing bills of Electric Department.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the J.M. Ist Class, Munger, in connection with Dharhara P.S. Case No. 79 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T