Arun Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11887 of 2023 Arising Out of PS. Case No.-329 Year-2021 Thana- GORAUL District- Vaishali ====================================================== ARUN KUMAR RAI S/O CHETNARAYAN RAI SECRETARY R/v- Basti Sarsikan, Ward No- 4, P.O.- Kishunpur Telaur, P.S.- Goraul, District- Vaishali at Hajipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anish Chandra, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in Goraul (Kathara O.P.) P.S. Case No. 329/2021 registered for the offences punishable under Sections 409 & 420/34 of the Indian Penal Code.

3. The allegation against the petitioner is that Rs.8,00,000/- on 16.10.2019 and Rs.6,00,000/- on 03.09.2020 were transferred through bank account under government scheme but work has not been completed by the petitioners.

4. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner has no criminal antecedent as mentioned in para-3 of this application.

Patna High Court CR. MISC. No.11887 of 2023(5) dt.31-07-2023 2/2

5. Vide order dated 11.05.2023, learned APP for the State was directed to file a detailed counter affidavit specifically stating that the work is completed or not till date. In compliance thereof, a counter affidavit has been filed, which is on record, in which it is stated that the work has not been completed and funds are misappropriated by the petitioner.

6. Learned APP for the State vehemently opposing the bail petition submitted that as the work has not been completed as yet, hence the petitioner does not deserve anticipatory bail.

7. Considering the facts and circumstances of case as well as the fact that work has not been completed and government money has been misappropriated, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.

8. However, if the petitioner surrenders before the learned Court below within six weeks from today and seek regular bail, the learned Court below would pass order in accordance with law without being prejudiced by this order. (Anjani Kumar Sharan, J) Trivedi/- U T