Shailendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16208 of 2019 Arising Out of PS. Case No.-109 Year-2018 Thana- BANKA District- Banka ====================================================== SHAILENDRA KUMAR Son of Late Ramdeo Singh Resident of Village-Bar Sirishi, near Kalyan Bigha, P.S-Harnout, Dist.-Nalanda, at present resident of Mohalla-Belabagan near Durgabari Pragya Centre, P.S.-Deoghar, Dist.- Deoghar (Jharkhand).

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar Singh For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 08-05-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Banka P.S. Case No. 109 of 2018, G.R. No. 413 of 2018 registered for the offence punishable under Sections 420 and 409 of the Indian Penal Code.

Earlier the prayer for anticipatory bail of the petitioner was rejected on 12.07.2018 and thereafter prayer for regular bail was also rejected on 31.01.2019 with a direction to renew his prayer for bail after framing of charge.

Allegation against the petitioner, who happens to be Nazir, is of embezzlement of Rs.92,06,200/-, which was government money and was to be used for execution of different

Patna High Court CR. MISC. No.16208 of 2019(4) dt.08-05-2019 2/2 government welfare schemes for which payment was to be made by cheque but said cheques were tampered and by interpolation same were deposited in personal account standing in the name of petitioner and his wife and son. The embezzlement is of the financial year 2013-14 when petitioner was posted as Nazir in District Welfare Section of Collectorate. Considering the nature of allegation of embezzlement of huge government money against petitioner, I am not inclined to grant bail to the petitioner at this stage. Accordingly the prayer for bail is rejected.

(S. Kumar, J) veena/- U T