Deepak Kumar And Ors vs State of Jharkhand

Heard learned counsel for the parties.

Petitioners seek anticipatory bail in terms of Section 438 of Cr.P.C in connection with Itkhori P.S. Case No. 102 of 2019 instituted under Sections 406,407,420/34 of I.P.C, pending in the court of Additional Chief Judicial Magistrate, Chatra.

Written report of Assistant Engineer, Electric Supply Division, Chatra is the basis of the F.I.R, which alleges that owners and organizers of Pragya Kendra after collecting electricity bills from the consumers have not deposited in the Account of Jharkhand Bijli Vitran Nigam Ltd. (in short 'JBVNL) and defalcated government revenue to the tune of Rs. 1,41,82,073.40. Petitioners contend that they were VLE appointed by C.S.C for collection of electric bills from individual consumers for deposit of the same in the C.S.C Valet. Petitioners have already deposited the collected amount. No consumer has made such complaint. There is no criminal antecedent.

Learned counsel, Mr. Nilesh Kumar appearing for JBVNL has strongly opposed the prayer and also refers to the criminal antecedent against the petitioner no. 1. He submits that petitioner no. 1 is also an accused in Itkhori P.S. Case No. 72 of 2019 instituted under Section 416/420 of IPC read with Section 66(C)/66(D) of I.T Act. Anticipatory bail of petitioner no. 1 has been refused by Coordinate Bench of this Court in Itkhori P.S. Case No. 72 of 2019 by order dated 23rd February, 2021 passed in A.B.A. No. 7736 of 2020. The allegation against both the petitioners in the present case is of defalcation of huge amount of electric bills collected from the consumers to the tune of Rs. 2,67,066=65 and 3,33,420=2 respectively. Therefore, petitioners may not be granted anticipatory bail.

I have considered the submission of learned counsel for the petitioners and taken note of the relevant facts and circumstances noted above.

Having regard to the serious nature of the offence, where petitioners have indulged in misappropriation and cheating of revenue of J.B.V.N.L after collecting the amount paid against the electric bills from innocent consumers and that petitioner no. 1 has also got criminal antecedent and in Itkhori P.S. Case No. 72 of 2019, his prayer for anticipatory bail has been rejected by Coordinate Bench of this Court, as such, I am not inclined to enlarge the petitioners on anticipatory bail. Their prayer for anticipatory bail is rejected. Accordingly, the instant petition is dismissed.