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Patna High CourtCR. MISC./28229/2017rejected

Raja Ram Sharma v. The State Of Bihar

2017-09-13Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28229 of 2017 Arising Out of PS.Case No. -195 Year- 2016 Thana -KURTHA District- JEHANABAD ====================================================== Raja Ram Sharma, Son of Late Jharkhandi Singh, resident of VillagePinjaur, Police Station- Parasbigha (Amain) in the district of Jehanabad. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER -------------- 13-09-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Kurtha P.S. Case No.195 of 2016 registered under Sections 420, 467, 468, 471, 409 and 120(B) of the Indian Penal Code, pending in the court of the Chief Judicial Magistrate, Arwal. The accusation is that the petitioner being the Panchayat Secretary of Pinjrawa Gram Panchayat withdrew the amount for payment showing the works under the Schemes completed but, later on, on inquiry, it was found that the works were not completed under the Schemes.

Learned counsel appearing on behalf of the petitioner

Patna High Court Cr.Misc. No.28229 of 2017 (4) dt.13-09-2017 2/2 submits that, in fact, the petitioner withdrew the amount for payment on the instruction of the Mukhiya of the aforesaid Gram Panchayat after submitting the report by the Contractors regarding the completion of the work under the Schemes. Having considered the facts and the circumstances of the case and the nature of allegation, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer of the petitioner for grant of anticipatory bail stands rejected. However, the petitioner is directed to surrender before the trial court within four weeks from today and pray for regular bail, which shall be considered by the trial court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) P.S./- U T