Rajnish Kumar Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6350 of 2015 Arising Out of PS.Case No. -123 Year- 2014 Thana -MADHEPURA District- MADHEPURA ====================================================== Rajnish Kumar Sinha S/o Digamber Prasad Sinha, Resident of villageChandepur, P.S.- Warisaliganj, District- Nawada .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rakesh Kumar Singh, Advocate. For the Opposite Party/s : Mr. D.P.Tiwary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 12-08-2015 Heard learned counsel for the parties.

Having regard to the nature of allegation for offence under Sections 120B, 406, 409 and 420/34 of the Indian Penal Code and that in para 18 of the case, it has come that the amount in question was withdrawn by a cheque duly signed by the petitioner and co-accused Lalan Kumar Karn, Clerk in the office of District Fisheries Officer, Madhepura and that the said amount having been withdrawn on 13.03.2012 was sought to be returned prior only for a period of one and half year on 12.09.2013 to Lalan Kumar Karn, by itself will be sufficient to say that the petitioner was also part of the temporary embezzlement.

Thus, when this Court would also find that the petitioner has a chequered criminal history of facing allegation in relation to acceptance of bribe for which Madhepura P.S.Case No.

Patna High Court Cr.Misc. No.6350 of 2015 (4) dt.12-08-2015 2/2 49 of 2013 is pending, this Court would not be inclined to grant privilege of anticipatory bail to the petitioner. That being so, this application is, accordingly, dismissed.

(Mihir Kumar Jha, J) Sujit/- U