Patna High CourtCR. MISC./9859/2024dismissed

Ashok Kumar Singh @ Bhola Singh v. The State Of Bihar

2024-07-05Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9859 of 2024 Arising Out of PS. Case No.-63 Year-2022 Thana- JURAWANPUR District- Vaishali ====================================================== Ashok Kumar Singh @ Bhola Singh S/o Sri Shyam Sundar Singh R/o Vill - Kumharkol, P.S. - Desari, (Sahdei O.P.), District - Vaishali at Hajipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumari Rashmi For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 05-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks anticipatory bail in connection with Jurawanpur (Judawanpur) P.S. Case No. 63 of 2022 registered for the offence under Sections 420, 406, 409/23 of the Indian Penal Code.

3. As per the prosecution case, the petitioner is a contractor and he in collusion with Mukhiya and Gram Sewak is alleged to have taken the money and not completed the work assigned to him.

4. It has been submitted by the learned counsel for the petitioner that the work has now been completed and therefore the petitioner may be granted bail.

Patna High Court CR. MISC. No.9859 of 2024(4) dt.05-07-2024 2/2

5. Learned APP for the State has opposed the application of the petitioner for grant of anticipatory bail by contending that in a scheme of 2018, the petitioner and other accused persons have defalcated the amount allocated and have delayed the government scheme and therefore they may not be granted anticipatory bail.

6. Considering the aforesaid facts, this Court is not inclined to grant anticipatory bail to the petitioner.

7. Accordingly, this application is dismissed.

8. The petitioner is directed to surrender within four weeks from today and pray for regular bail.

9. If the petitioner surrenders within four weeks from today then his application for bail shall be considered by the Court below without any prejudice.

10. The Court below will also consider that similar co-accuseds have been granted regular bail.

(Sandeep Kumar, J) Vikas/- U T