IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27857 of 2008 DUN BAHADUR DAS @ TUN BAHADUR DAS Versus STATE OF BIHAR & ORS. ----------- 2. 26.8.2008 Heard the learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in connection with Gogri P.S.Case No.14 of 2008 for the alleged offences registered under section 406/420 of the Indian Penal Code. It is submitted on behalf of the petitioner that the petitioner was given franchise by the Bihar State Electricity Board for collection of the electric bill and its deposit. It is further submitted that it would appear from the F.I.R. that the petitioner collected a sum of Rs.4,30,212/- and deposited a sum of Rs.3,87,947/- in the Bank. However, the balance amount of Rs.42,265/- had remained with the petitioner. Submission is that the petitioner was having a franchise. He did not apply for a fresh renewal of the franchise and, in fact, the petitioner is entitled to receive money from the Electricity Board on account of security money of Rs.27,000/- as well as the commission, which would run to the tune of Rs.60,200/-. The petitioner, however, had deposited the said balance amount of Rs.42,265/-, which was available with him on 16th of January, 2008, as would be appearing from the receipt granted by the Bank, as contained in Annexure 2. The learned counsel appearing for the State, on the other hand, submits that even if the petitioner has any amount due with the 2 Board, he could not keep the balance amount of the Board with him. Considering the submissions, as noticed above, it is directed that petitioner above named, in the event of his arrest or surrender in connection with Gogri P.S. Case No.14 of 2008 within a period of four weeks from today, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Khagaria, in connection with the aforesaid case, on the conditions mentioned in sub-section (2) of section 438 of the Code of Criminal Procedure. PNM (Shailesh Kumar Sinha, J.)