Kailash Bind v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.35086 of 2017 Arising Out of PS.Case No. -107 Year- 2017 Thana -KHARAGPUR District- MUNGER ======================================================
1. Kailash Bind, son of Parshadi Bind, resident of village - Mureri, Police Station - Haweli Kharagpur, District - Munger. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Md. Harun Quareshi, Advocate For the Opposite Party/s : Mr. Md. Matloob Rab, APP Mr. Anil Kumar Roy, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 23-08-2017 Heard learned counsel for the Petitioner and the learned APP for State.
Petitioner apprehends his arrest in Haweli Kharagpur P.S. Case No.107 of 2017 instituted for the offence under Section(s) 468, 409, 420 Indian Penal Code pending in the Court of the Additional Chief Judicial Magistrate, IV, Munger. There is allegation that petitioner being the Chairman of Mureri PACS, defalcated the public money on the basis of forged receipt no.00452693 for purchasing the rice in the financial year 2014-15. The District Co-operative Officer, Munger, in his letter No.377 dated 03.04.2017 found the receipt to be forged. One farmer, namely, Dilip Kumar Singh made complain that this petitioner has obtained paddy from him and did not make payment to him which finds mentioned in para 22
Patna High Court Cr.Misc. No.35086 of 2017 (3) dt.23-08-2017 2/2 of the case diary.
It has been found during investigation that on the basis of forged receipt no.00452693 the petitioner received payment himself instead of making payment to the farmers. The aforesaid receipt was never issued by the Circle Officer, Haweli Kharagpur, Munger.
In view of such, this Court does not find it a fit case for grant of anticipatory bail.
Accordingly, prayer of the petitioner for grant of anticipatory bail is rejected.
The petitioner may surrender before the Court below and seek regular bail, which shall be considered and disposed off in accordance with law without being prejudiced by this order. (Sanjay Priya, J) JA/- U T