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Patna High CourtCR. MISC./22997/2015dismissed

Dilip Kumar v. The State Of Bihar

2015-10-12Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22997 of 2015 Arising Out of PS.Case No. -105 Year- 2014 Thana -PUSA District- SAMASTIPUR ====================================================== Dilip Kumar, Son of Late Nagendra Dubey, Resident of village - Sakra Bazid, P.O.- Dholi, P.S.- Sakra, District - Muzaffarpur. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Subodh Kumar, Advocate.

For the Opposite Party : Mr. Dr. Kr.Uday Pratap (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-10-2015 Heard both sides.

The petitioner apprehends his arrest in Pusa P.S. Case No. 105 of 2014, registered for the offence punishable under Section 409 of the Indian Penal Code.

The petitioner being in-charge of Block Agriculture Office took advance of Rs. 24,97,100/- for execution of different schemes of agriculture department on different dates in the year 2011-12. The petitioner was given six reminders, but neither voucher nor money was returned.

It is submitted that from perusal of Annexure -4, it would appear that the petitioner submitted vouchers of Rs. 17,78,000/- on 29.07.2014 to his successor at the time of handing over of charge. Still more than Rs.7,00,000/- is lying with the

Patna High Court Cr.Misc. No.22997 of 2015 (4) dt.12-10-2015 2/2 petitioner for that the petitioner did not give any account. Considering the that the petitioner received huge amount in the year 2011-12 for execution of different schemes, but he did not execute the schemes in time nor give account of money spent and more than Rs. 7,00,000/- is still lying with the petitioner, I am not inclined to enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected. However, the petitioner, if so advised, may surrender before the court below within four weeks from the date of receipt/production of a copy of this order and pray for regular bail, his prayer shall be considered on its own merit without being prejudiced by this order.

(Prabhat Kumar Jha, J.) KKSINHA/- U T