Manikant Giri v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63344 of 2018 Arising Out of PS. Case No.-268 Year-2017 Thana- SIKARPUR District- West Champaran ====================================================== Manikant Giri S/o Devendra Giri, Resident of Village- Dumariya, P.S. Bagaha, District- West Champaran.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. The Electrical Junior Engineer, Electric Supply Department, Narkatiaganj District West Champaran.

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

For the Petitioner/s :

Mr. Sanjeev Kumar For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 12-12-2018 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in anticipation of his arrest in connection with Shikarpur P.S. Case No. 268 of 2017 dated 17.06.2017 instituted for the offences under Sections 409 and 420 of the Indian Penal Code. It has been alleged in the F.I.R. that the petitioner was entrusted with the work of repairing the damaged wires of the Electricity Department. Work was admittedly performed by the petitioner but it was not completed. For the purposes of performing this task, the department had supplied to the petitioner certain equipments and materials.

Patna High Court Cr.Misc. No.63344 of 2018(3) dt.12-12-2018 2/3 Despite reminders from the Department, the balance work has not been completed and the raw materials/equipments which were supplied to him has also not been returned. The quantified value of the articles which are in the possession of the petitioner is Rs. 3,80,000/-.

Mr. Sanjeet Kumar, learned counsel for the petitioner has submitted on instructions that the petitioner is ready to deposit the aforesaid amount with Executive Engineer, Electric Supply Department, Narkatiaganj, West Champaran at Bettiah which would be subject to the outcome of the present case and the deposit shall be without prejudice to his rights and contentions later. Considering the genuine stand of the petitioner, the petitioner above-named is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each, along with receipt of payment of Rs. 3,80,000/- in favour of Executive Engineer,

Patna High Court Cr.Misc. No.63344 of 2018(3) dt.12-12-2018 3/3 Electric Supply Department, Narkatiaganj, West Champaran at Bettiah to the satisfaction of the learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Shikarpur P.S. Case No. 268 of 2017, subject to the conditions as laid down under Section 438 (2) Cr.P.C. (Ashutosh Kumar, J) skm/- U