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Patna High CourtCR. MISC./73599/2018disposed

Ram Bilash Singh v. State Of Bihar And ANR

2018-12-20Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.73599 of 2018 Arising Out of PS. Case No.-180 Year-2004 Thana- KHAGARIA COMPALINT CASE District- Khagaria ====================================================== Ram Bilash Singh, Son of Late Sukhdeo Prasad Singh, Resident of VillageNavtoliya, P.S.- Maheshkhut, District- Khagaria retired Panchayat Sevak, Gram Panchayat Raj Bharso, Block Office- Parbatta, District Khagaria. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Sushil Kumar Singh, Son of Sri Anup Lal Singh, Resident of Village+P.O.- Salarpur via Parbatta, District- Khagaria, Presently Mukhiya, Gram Panchayat Raj, Bharso, P.S.- Parbatta, District- Khagaria. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Sumiran Rai For the Opposite Party/s :

Mr.Sri Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-12-2018 Heard learned counsels for the parties.

The petitioner is apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Sections 420 and 120B of the IPC.

The prosecution case is that the accused persons in conspiracy with each other misappropriated the government fund.

It is submitted by learned counsel for the petitioner that for the occurrence of 2000 the complaint was filed in 2004. It is further submitted that similarly situated co-accused has been granted bail vide Cr. Misc. No. 10661 of 2010.

Patna High Court Cr.Misc. No.73599 of 2018(2) dt.20-12-2018 2/2 Considering the fact that the complaint was filed in 2004 and the present application has been registered in 2018, this Court is not inclined to grant anticipatory bail to the petitioner. However, since co-accused has been granted anticipatory bail by a Bench of this Court, it is a case for consideration of regular bail by the learned court below in case the petitioner surrenders within six weeks in connection with Complaint Case No. 180C of 2004 pending in the Court of the learned SDJM, Khagaria.

With the aforesaid observation/direction, this application is disposed of.

(Dinesh Kumar Singh, J) anil/- U