IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.52827 of 2015 Arising Out of PS. Case No.-91 Year-2011 Thana- RAGHOPUR District- Supaul ======================================================

Anjani Kumar Mishra Son of Late Madhav Mishra, residence of Village P.S.-

Balua Bazar, Dist- Supaul ... ... Petitioner/s Versus

1. The North Bihar Power Distribution Company, Patna

2. Prasant kumar, S/O Sri Birendra Pd Gupta, Vill P.O. P.S.- Natwar, Dist-

Rohtas.

3. The State of Bihar.

... ... Opposite Party/s ======================================================

Appearance :

For the Petitioner/s : Mr. Sharda Nand Mishra For the Power Holding : Mr. Ranjan Kumar Srivastava, Advocate Mr. Shashwat Srivastava, For the State : Mr. B.M.P.Sinha APP Mr. Jharkhandi Upadhyay, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

4 13-01-2026 Heard the learned counsel for the petitioner, the learned counsel for the North Bihar Power Distribution Company and the learned counsel for the State.

2. This application has been filed for quashing the order dated 20.02.2014 passed by S.D.J.M. Birpur in G.R. No. 380/2011 (arising out of Raghopur P.S. Case No. 91/2011) by which cognizance was taken U/s 420, 406, 409,467,468,471,120(B) I.P.C.

3. As per the prosecution case, on the instructions of Assistant Electrical Engineer, Birpur and Electrical Executive Engineer, Supaul, an inquiry committee was constituted whose chairman was Sub Inspector Prashant Kumar and members were Raj Kumar Yadav, Accounts Assistant, Birpur, Kedar Nath Jha, Bill Clerk, Birpur and Awadhesh Sharma, Correspondence Clerk, Birpur. Under the chairmanship of the members and the Chairman, the cash book, bank computer summary and bank voucher of Raghopur were compared in which during the investigation by Shri Surya Narayan Sah, s/o Shri Bhola Sah, village Jahlipatti, PO Devipur, Police Station Radhopur, District Supaul, franchisee Simrahi Feeder whose agreement number is 01/10-11 dated 10.09.10, alloy number 1074 dated 01.09.10, it was found that the revenue amount of approximately Rs. 31,39,341.93 collected from the electricity consumers from the month of February 2011 to 10/ August 2011 was not deposited in the account of Bihar State Electricity Board. Government revenue has been embezzled by Surya Narayan Sah. Upon questioning the branch manager of Simrahi State Bank, the Inquiry Committee found that the bank voucher deposited by Surya Narayan Sah did not belong to this bank branch and the seal and signature on the bank voucher were incorrect. 4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has committed no offence, merely on the suspicion, he has been made accused during course of investigation by alleging that the petitioner was posted as Cashier at Birpur Sub Division. The petitioner is working as Assistant Accountant of the Electricity Department and was posted in the Electricity Supply Division, Farbisganj, he was transferred by order dt. 17.02.2011 from Farbisganj to Supaul Division. In pursuance of the order dated 17.02.2011, the petitioner submitted his joining at the Supaul Division, where he was posted in the Electricity Sub Division, Birpur, as per the order dated 08.03.2011, and the petitioner joined on 09.03.2011.

5. The learned counsel for the petitioner has further submitted that from perusal of the FIR it is clear that the franchise was granted to Surya Narayan Sah of Simrahi feeder based on an agreement for a duration of 12 months, from 10.09.2010 to 09.09.2011. At the time of this agreement, the petitioner was not posted within the Sub Division of Birpur, but was posted elsewhere from March 2011 to June 2011, while the franchise agreement spanned from 10.09.2010 to 09.09.2011. Furthermore, it is important to note that the petitioner was posted at the Birpur Sub Division on 08.03.2011, where he served for approximately 3 months as an Account Assistant till June 2