Patna High CourtCR. MISC./11415/2015rejected

Asharfi Mandal v. The State Of Bihar

2015-03-24Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.11415 of 2015 (2) dt.24-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11415 of 2015 Arising Out of PS.Case No. -197 Year- 2006 Thana -BEGUSARAI MUFFASIL DistrictBEGUSARAI ======================================================

1. Asharfi Mandal S/o Late Kokai Mandal, R/o Mohalla- Telia Pokhar, P.S.- Town Begusarai, District- Begusarai (Retired Manager of Co-Operativfe Society, Begusarai) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prabhu Narayan Sharma For the Opposite Party/s : Mr. Pramod Kumar Pandey (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 24-03-2015 Heard learned counsel for the petitioner as well as leaned Additional Public Prosecutor for the State. The petitioner apprehends his arrest in connection with Begusarai (Muffasil) P.S. Case No. 197 of 2006 registered under Sections-406, 409, 420 of the Indian Penal Code. The petitioner was manager of PACCS and there is allegation against him that he, having connived with other accused defalcated the amount in the name of providing loan to members of the PACCS. Moreover, the case was registered in the year, 2006 and the petitioner has approached to this court after nine years.

Therefore, considering the aforesaid facts and

Patna High Court Cr.Misc. No.11415 of 2015 (2) dt.24-03-2015 circumstances as well as conduct of the petitioner, I am not inclined to grant him privilege of anticipatory bail and accordingly, his prayer for anticipatory bail in connection with Begusarai (Muffasil) P.S. Case No. 197 of 2006 pending in the court of Sri Rajeev Kumar-IV, J.M. Ist Class, Begusarai stands rejected.

However, if the petitioner surrenders and seeks regular bail, his regular bail petition shall be considered by the concerned court on its own merit without being prejudiced by this rejection order.

(Hemant Kumar Srivastava, J) A.K.V./- U T