Patna High CourtCR. MISC./8494/2017disposed

Pawananand Bharti v. The State Of Bihar

2017-02-28Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8494 of 2017 Arising Out of PS.Case No. -680 Year- 2016 Thana -MADHEPURA District- MADHEPURA ====================================================== Pawananand Bharti, aged about 45 years, Son of Late Indu Bhushan Yadav, resident of Village- Chamgarh Jeetapur, P.S.- Murliganj, DistrictMadhepura. At present on the post of Upper garade Clerk at Anchal Office Puraini, P.S. Puraini, District- Madhepura.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjit Jha, Advocate For the Opposite Party/s : Mr. Damodar Prasad Tiwary,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-02-2017 This is an application for grant of anticipatory bail for offences punishable under Sections 409 and 420 of the Indian Penal Code.

Heard learned counsel for the petitioner.

It has been submitted on behalf of the petitioner that allegation against the petitioner is that while he was posted in the B.D.O. office Ghailar, he had not deposited Rs. 4.75 lacs which was given to him in advance for work of Yojnas under Panchayat Samiti but he had not submitted the M.B. However, there is mistake of calculation and as he was transferred from there, he could not submit M.B.

Heard learned A.P.P. also. He has opposed the prayer for anticipatory bail.

Patna High Court Cr.Misc. No.8494 of 2017 (2) dt.28-02-2017 2/2 Having heard both sides and in view of the allegations against the petitioner, I am not inclined to grant anticipatory bail to the petitioner, the same is rejected.

However, petitioner is directed to surrender in the court below, i.e., learned Chief Judicial Magistrate, Madhepura, in connection with Madhepura (Ghailarh) P.S. case no. 680 of 2016 and make prayer for regular bail along with the documents in support of his case and learned C.J.M., Madhepura, shall examine the same and pass an appropriate order on the basis of those documents and also on the basis of materials available on record without being prejudiced by the order of this Court. This application is, accordingly, disposed of. (Vinod Kumar Sinha, J) sudip/- U T