IN THE HIGH COURT OF JUDICATURE AT PATNA Cr Misc No 34880 of 2010 Pankaj Kumar Choudhary, son of late Lakhichand Choudhary, resident of Village – Makraine, P S – Dalmiya Nagar, District – Rohtas (Sasaram) - Petitioner Versus The State of Bihar - Opposite Party ----------- 2 08.10.2010 The petitioner is in custody in relation to Dihri Town Police Station Case No 69 of 2009 dated 13.02.2009 for an offence under Section 409 of Indian Penal Code in relation to defalcation of substantial amounts of the Bihar State Electricity Board. As per the first information report, it is alleged that, being an unskilled khalasi, he was, from time to time, entrusted with the job of collecting revenue. He was given a receipt book for the said purpose. Upon reconciliation of the account, it was found that in the DCR (Daily Cash Receipt), amounts were shown far less by interpolation than what was actually collected and reflected in the other two receipts. Thus, petitioner was collecting larger sums but depositing smaller sums. On behalf of petitioner, it is submitted that petitioner could not have done this because the receipts are in three copies, one is given to the consumer, the other submitted in the Accounts Department, the third with the cashier. As the petitioner is drawing up all the three receipts, he could not have manipulated the same. If there was any discrepancy in any receipt, he would have been caught. He submits that it is someone else at a later stage who interpolated the receipts without interpolating the other two and defalcated the cash. Petitioner is being made an escape goat. He states that this aspect of the matter was never investigated even though investigation has been completed and chargesheet filed. 2 Be that as it may, in the facts and circumstances of the case, the petitioner abovenamed is directed to be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sasaram in Dihri Town Police Station Case No 69 of 2009 dated 13.02.2009. M.E.H./ (Navaniti Prasad Singh)