Shiva Prakash Gupta v. The State Of Bihar Through Vigilance Department, Patna

Patna High Court Cr.Misc. No.51377 of 2014 (2) dt.19-05-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51377 of 2014 Arising Out of PS.Case No. -14 Year- 1982 Thana -PAKRIDAYAL DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== SHIVA PRAKASH GUPTA, S/O LATE KUSHESHWAR PRASAD GUPTA, RESIDENT OF VILLAGE BHIKHADIH, P.S. SANGRAMPUR, DISTRICT MUNGER.

.... .... PETITIONER.

VERSUS

THE STATE OF BIHAR THROUGH VIGILANCE DEPARTMENT, PATNA.

.... .... OPPOSITE PARTY.

====================================================== Appearance :

For the Petitioner/s : Mr. Ashwini Kumar Gupta For the Opposite Party/s : Mr. Ramakant Sharma(L/O(I.C.Vig)) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 19-05-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Special Case No. 122 of 2002 read with Pakridyal P.S. Case No. 14 of 1982 registered under Sections 403, 406, 420, 467, 468 and 471 of the Indian Penal Code and Section 5(1)(C) of the P.C. Act, pending in the court of Special Judge Vigilance, North Bihar, Muzaffarpur.

The accusation is that petitioner being the Junior Engineer submitted measurement book and report about completion of work and also prepared necessary papers in the year

Patna High Court Cr.Misc. No.51377 of 2014 (2) dt.19-05-2015 1981 for payment to the Contractor while the work was not done. Thereafter Rs.4,094/- was paid to the contractor. Having considered the facts and circumstances of the case and the nature of allegation, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer of the petitioner for grant of anticipatory bail stands rejected. The petitioner directed to surrender before the trial court within four weeks and pray for regular bail, which would be considered by the trial court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T