Patna High CourtCR. MISC./46133/2015dismissed

Birendra Prasad Singh v. The State Of Bihar Through The Vigilance

2015-10-27Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46133 of 2015 Arising Out of PS.Case No. -72 Year- 2014 Thana -C.B.I CASE District- PATNA ====================================================== Birendra Prasad Singh , Panchayat Secretary son of Rudal Prasad Singh resident of village Rahimpur Panchayat, Police Station Vaishali in the District of Vaishali .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar For the Opposite Party/s : Mr. Ramakant Sharma(L/O(I.C.Vig)) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 27-10-2015 Heard Sri Sunil Kumar, learned counsel for the petitioner.

The petitioner, who was Panchayat Secretary, apprehends his arrest in connection with Vigilance Case No. 72 of 2014 registered for the offence punishable under Sections 409, 467, 468, 471, 477(A) and 120(B) of the Indian Penal Code and Section 13(2) and 13(1)(d) of the Prevention of Corruption Act has prayed for grant of anticipatory bail.

Learned counsel for the petitioner submits that the petitioner at the relevant time was functioning as Panchayat Secretary and immediately after noticing regarding the offence committed he voluntarily deposited Rs. 34,000/- in Government Treasury out of defalcated amount of Rs. 44,000/- and odd. He further submits that the petitioner in the present case

Patna High Court Cr.Misc. No.46133 of 2015 (3) dt.27-10-2015 2/2 has been made victim of local village politics and as such, he makes a prayer for grant of anticipatory bail. Besides hearing learned counsel for the petitioner, I have also perused the materials available on record. Fact remains the petitioner is one of the F.I.R. named accused in a case which was registered by the Vigilance on an allegation of misappropriation of Government Fund in disbursement of old age pension. It appears that the offence has been committed in conspiration with other accused person. The Court is of the opinion that it is not a case for extending the privilege of anticipatory bail.

The petition stands dismissed.

(Rakesh Kumar, J) Praful/- U T