Prem Chand Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3058 of 2020 Arising Out of PS. Case No.-59 Year-2019 Thana- NOWKOTHI GARHPURA DistrictBegusarai ====================================================== PREM CHAND KUMAR Son of Vishweshwar Prasad Resident of VillageJaipur, P.S.-Itarhi, District-Buxar. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Rajnish Son of Brajnath Prasad Rai Resident of Village-Patauri, Samastipur at present Post Inspector, East Division, Begusarai. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Digvijay Kumar Ojha, Adv.

For the Opposite Party/s :

Mr.Ram Sumiran Rai, APP Mr.Rajesh Kumar Verma, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-09-2022 Heard learned counsel for the petitioner and learned counsel for the Union of India.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 420, 409, 426, 120B and 34 IPC. Vide order dated 27.02.2022, petitioner has been granted stay in the present case but till date he has not appeared before the concerned Authority or the departmental proceeding initiated against him. More than two years have passed. Learned counsel for the Union of India has filed a counter-affidavit on 29.08.2022 and stated that petitioner Prem Chand Kumar misappropriated the Government money to the tune of Rs.37,88,165/- and department has only recovered

Patna High Court CR. MISC. No.3058 of 2020(8) dt.12-09-2022 2/2 Rs.19,35,000/- from the petitioner and other co-accused persons.

Having regard to the facts and circumstances of the case, considering that the petitioner has not cooperated in the Departmental proceeding, I am not inclined to enlarge him on anticipatory bail. The prayer for grant of bail on his behalf is rejected.

This application is accordingly dismissed.

(Anjani Kumar Sharan, J) pallavi/- U T