Shri Nandjee Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13088 of 2017 Arising Out of PS.Case No. -40 Year- 2016 Thana -AANTI District- GAYA ====================================================== Shri Nandjee Prasad, Son of Sri Sampat Prasad, Resident of VillageSikraul, P.S. Sikraul, District- Buxar. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Alok Kumar Jha For the Opposite Party/s : Mr. Sri Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 24-03-2017 Heard learned counsel for the petitioner and the State.

The petitioner apprehends his arrest in Aanti P.S. Case No. 40 of 2016 instituted for the offence under Section(s) 406, 409, 420 of the Indian Penal Code. The informant who is Programme Officer, Konch Block gave written report alleging that this petitioner along with other accused persons misappropriated the amount of MANREGA amounting to Rs. 10,55,323/-. The written report was filed on the order of D.D.C, Gaya. The D.D.C also issued notice to all the accused persons including the petitioner and the reply of show-cause was filed by the petitioner. The Lokpal, MANREGA rejected the explanation of the petitioner and on the basis of

Patna High Court Cr.Misc. No.13088 of 2017 (2) dt.24-03-2017 2/3 enquiry report of Lokpal, MANREGA, the defalcated amount of Rs. 10,55,323/- was directed to be paid by all the five accused persons including the petitioner after distributing the amount and petitioner and others were directed to deposit the aforesaid amount till 22.11.2016.

It has been submitted on behalf of the petitioner that petitioner was working as Panchayat Technical Assistant. The petitioner's duty was to assess the work and give the report to the higher officials.

The enquiry report of the D.D.C, Gaya has been enclosed with the F.I.R in which in the concluding paragraphs, it has been stated that there was no sign of planting of trees and the trees got dried because of insufficient watering. It has also been found during enquiry that petitioner and other accused, on the basis of forged thumb impression and signature, withdrew the amount in the name of forged persons.

In such circumstance, this Court is not inclined to enlarge the petitioner on anticipatory bail. The prayer of the petitioner for anticipatory bail is rejected. The petitioner is directed to surrender before the Court below within a period of six weeks from today in connection with Aanti P.S. Case No. 40 of 2016 and seek regular

Patna High Court Cr.Misc. No.13088 of 2017 (2) dt.24-03-2017 3/3 bail, which shall be considered and disposed off on its own merit without being prejudiced by the order of this Court. (Sanjay Priya, J) Shageer/- U T