Prakash Chandra Prabhakar v. The State Of Bihar Through The Vigilance Investigation Bureau, Patna.
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15635 of 2024 Arising Out of PS. Case No.-122 Year-2014 Thana- KARPI District- Jehanabad ====================================================== Prakash Chandra Prabhakar S/o Sri Brahma Deo Das R/o Mohalla- Newalal Chowk, Bhattha Bazar Purnea, P.S- K. Hat, Distt.- Purnea. ... ... Petitioner/s
Versus
The State of Bihar Through The Vigilance Investigation Bureau, Patna. Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dilip Kumar Roy, Advocate For the Opposite Party/s :
Mr. Arvind Kumar, APP For the Vigilance :
Ms. Archana Palkar Khopde, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 17-05-2024 Heard Mr. Dilip Kumar Roy, learned Advocate for the petitioner, Ms. Archana Palkar Khopde for the Vigilance and the learned APP for the State.
2. The petitioner seeks bail in anticipation of his arrest in connection with Karpi (Sahar Telpa) P.S. Case No. 122 of 2014 dated 20.06.2014 instituted for the offences under Sections 420, 406, 409/34 of the Indian Penal Code.
3. The accusation against the petitioner is that he did not verify before making payment to the agency which was hired for construction of toilets thereby
Patna High Court CR. MISC. No.15635 of 2024(3) dt.17-05-2024 2/3 causing loss to the Government and the public exchequer.
4. His prayer for anticipatory bail was earlier rejected vide order dated 26.07.2019 passed in Cr. Misc. No. 66596 of 2018.
5. The reason for the petitioner to approach this Court again for grant of anticipatory bail is that after this order, several other persons with graver allegations against them have been granted the privilege of anticipatory bail.
6. In the estimation of this Court, this is no ground for reviewing the earlier order rejecting the prayer for anticipatory bail.
7. The prayer is rejected.
8. However, it is observed that if the petitioner surrenders before the court below and seeks bail, the court below shall look into the merits of the case as also the fact that other persons with similar or more serious allegation against them have been granted anticipatory
Patna High Court CR. MISC. No.15635 of 2024(3) dt.17-05-2024 3/3 bail by different Benches of the High Court and shall pass an order in accordance with law without being prejudiced by the fact that his anticipatory bail petition was earlier rejected and in this instance it has not been entertained.
9. The petition stands disposed of accordingly. (Ashutosh Kumar, J) krishna/- U T