Pramod Paswan v. The State Of Bihar

Patna High Court Cr.Misc. No.1503 of 2015 (2) dt.15-01-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1503 of 2015 Arising Out of PS.Case No. -221 Year- 1997 Thana -SURAJGARHA District- LAKHISARAI ====================================================== Pramod Paswan, son of Lakhan Prasad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jainendra Kumar For the Opposite Party/s : Mr. Ram Priya Sharan Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 15-01-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Surajgarha P.S. Case No. 221 of 1997 registered for the offence punishable under Section 406 of the Indian Penal Code. Petitioner was agent and took Rs. 42,500/- as advance to execute the government scheme but allegedly, he defalcated Rs. 29,595/-.

The submission on behalf of the petitioner is that petitioner has already deposited the aforesaid amount which is evident from perusal of Annexure-2 to this petition. Admittedly, the aforesaid amount was deposited on 27.10.2014 whereas the present case was lodged in the year 1997 and since then petitioner was evading his arrest.

Patna High Court Cr.Misc. No.1503 of 2015 (2) dt.15-01-2015 Regard being had to the facts and circumstances of the case as well as submissions of the parties, I am not inclined to grant the privilege of anticipatory bail to the petitioner and accordingly, his prayer for anticipatory bail in connection with Surajgarha P.S. Case No. 221 of 1997 pending in the court of Chief Judicial Magistrate, Lakhisarai stands rejected. However, if petitioner surrenders before the concerned court within four weeks from the date of receipt/production of copy of this order and seeks regular bail, the prayer for regular bail of the petitioner shall be considered on its own merit without being prejudiced by this rejection order. (Hemant Kumar Srivastava, J) SHAHZAD/- U T