Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3414 of 2019 Arising Out of PS. Case No.-709 Year-2018 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Ajay Kumar son of Late Yogendra Singh Resident of Village-Mijirwa Khurda, Mishir Batraha, P.O.-Mishir Batraha, P.S.-Phulwaria, District-Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bipin Bihari Singh, Adv.

For the State :

Mr.Ajay Mishra, APP For the Informant :

Mr. Prince Kumar Mishra, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-03-2019 This is an application for grant of anticipatory bail in connection with Gopalganj P.S. Case No. 709 of 2018, disclosing offences under Sections 420, 406, 409, 423, 424, 182, 187, 467, 468, 472 and 120(B) of the Indian Penal Code. Allegation against the petitioner, who happens to be the clerk in the District Programme Officer, Gopalganj, is of embezzlement of Rs.50 lacs.

Submission of learned counsel for the petitioner is that the petitioner has falsely been implicated in this case, which will appear from para nos.16, 17, 18, 25, 26 and 28 where the statements of different teachers have been recorded and they have not supported the prosecution case and the whole case is false and concocted, which has been lodged at the instance of

Patna High Court CR. MISC. No.3414 of 2019(3) dt.08-03-2019 2/2 the Secretary of the Teachers Association, who is himself an accused in another case.

Heard learned A.P.P. also, who opposed the prayer for anticipatory bail of the petitioner stating that the District Education Officer has inquired into the matter, which will appear from para 5 and found the case true and thereafter this petitioner also got the documents destroyed in fire in the office and further paras 6 & 7 there is allegation against the petitioner is supported by the other witnesses.

Having heard both sides, in view of the facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioner, rather he should surrender and make prayer for regular bail, which will be considered on its own merit, without being prejudice by order of this Court. Accordingly, this application is dismissed.

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