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Patna High CourtCR. MISC./33976/2021dismissed

Shree Ram Narayan@Shree Ram Narayan Singh v. The State Of Bihar

2023-02-15Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33976 of 2021 Arising Out of PS. Case No.-342 Year-2019 Thana- ALOULI District- Khagaria ====================================================== Shree Ram Narayan@Shree Ram Narayan Singh Son Of Vishwanath Prasad Singh R/O Village- Budhwa, P.S.- Alauli, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar For the Opposite Party/s :

Mr. Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-02-2023 Learned counsel for the petitioner has filed the supplementary affidavit. Learned counsel for the State has also filed the detailed counter affidavit today in the Court. Let it be kept on record.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects, if any, within three weeks. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 409, 420, 467, 468, 471 of the Indian Penal Code.

Accusation against the petitioner is of misappropriation of the Government Fund and building material.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.33976 of 2021(10) dt.15-02-2023 2/2 petitioner is innocent and has been falsely implicated in this case. He submits that the Hon'ble Court was pleased to grant three months time to complete the work which has been completed within the prescribed period by the petitioner. He submits that in spite of the completion of the work, the concerned authorities have not provided certificate (Measurement Book) in favour of the petitioner in this respect. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.

Learned APP for the State has filed the counter affidavit in which it is stated that the work has not been completed by the petitioner.

Considering the facts and circumstances of the case and the fact that the work has not been completed by the petitioner, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Alauli P.S. Case No. 342 of 2019. The personal appearance of the District Magistrate, Khagaria is dispensed with.

(Anjani Kumar Sharan, J) devendra/- U T