Chandan Kumar Jha v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47422 of 2015 Arising Out of PS.Case No. -41 Year- 2015 Thana -SAKARPUR District- DARBHANGA ====================================================== Chandan Kumar Jha, son of Subodh Nath Jha, resident of VillageUjan, Police Station- Sakatpur, District- Darbhanga. .... .... Petitioner

Versus

1. The State of Bihar.

2. North Bihar Power Distribution Company Limited through Assistant Electrical Engineer, Electric Supply Sub Division, Sakri, Distt- Darbhanga.

.... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH ORAL ORDER 15-10-1015 The petitioner apprehends his arrest in relation to Sakatpur P.S. Case No. 41 of 2015 registered under Sections 409 and 420 of the Indian Penal Code. It is alleged that petitioner was working under Rural Revenue Franchise Scheme in Electric Supply Sub-division, Sakri, North Bihar Power Distribution Company Limited, to serve the electricity bills, collect the bill amount from the consumers and deposit the same in the Company's Bank Account. In course of his work, he has collected the money from consumers, but allegedly not deposited in the Company's account.

Learned counsel for the petitioner submits that he has duly counted every part of the money and he has not misappropriated any money.

Patna High Court Cr.Misc. No.47422 of 2015 (2) dt.15-10-1015 On the other hand, Mr. Ojha appearing on behalf of the North Bihar Power Distribution Company Limited, submits that order of the learned Sessions Judge would show that the officers had given an affidavit in the Court also that about Rs. 1,73,082/- was due from the petitioner.

In my view, it is basically a matter of accounting and explanation for money due and payable. Be that as it may, in the facts and circumstances stated above, till submission of chargesheet, in the event of his arrest/surrender before the court below within four weeks, let the petitioner, namely, Chandan Kumar Jha, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Darbhanga, in connection with Sakatpur P.S. Case No. 41 of 2015, subject to conditions laid down under Section 438 (2) of the Code of Criminal Procedure. (Navaniti Prasad Singh, J.) Rajeev/- U T