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Patna High CourtCR. MISC./4941/2019dismissed

Laldeo Yadav v. The State Of Bihar

2019-04-16Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4941 of 2019 Arising Out of PS. Case No.-48 Year-2006 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== Laldeo Yadav, Son of Banjhu Yadav, Resident of Village - Rajwari, Ward no.- 32, P.S. - Aurangabad (Muffasil), Dist. Aurangabad ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Binod Kumar Pandey For the Opposite Party/s :

Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-04-2019 Petitioner seeks bail in anticipation of his arrest in connection with Aurangabad (Town) P.S. Case No. 48 of 2006, registered for the offence punishable under Section 409 of the Indian Penal Code.

Allegation as per FIR is that the petitioner collected money from the Rama Bandh Bus Stand and not deposited to the Zila Parishad and as such there is allegation of misappropriation of Rs.15-20 lacs against the petitioner and he is named in the FIR and the case is of the year 2006. Submission of learned counsel for the petitioner is that he is only a Peon and it looks improbable that he collected such a huge amount and the allegation against him is false and concocted and during investigation the I.O. has written for

Patna High Court CR. MISC. No.4941 of 2019(5) dt.16-04-2019 2/2 enquiry against the Chairman and other persons and still the investigation is going on.

Heard learned APP also, who has opposed the prayer for anticipatory bail of the petitioner stating that there is allegation against him and the case of the year 2006 and after 13 years he has come for grant of anticipatory bail. Having heard both sides and in the facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioner, rather he should surrender and make prayer for regular bail, which shall be considered on its own merit, without being prejudiced by this order. With the above observation, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U T