Sudhir Kumar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26295 of 2017 Arising Out of PS.Case No. -75 Year- 2016 Thana -BARBIGHA District- SEKHPURA ====================================================== Sudhir Kumar Chaudhary Son of Sri Om Prakash Chaudhary, Resident of Village- Samachak, P.S.- Barbigha, District- Shekhpura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Lokesh, Adv. For the Opposite Party/s : Mr. Arun Kumar Singh -5, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-07-2017 Heard both sides.

The petitioner apprehends his arrest in Barbigha P.S. Case No. 75/2016, registered for the offences punishable under Sections 420, 409, 34 and 120B of the Indian Penal Code. The prayer for anticipatory bail of the petitioner was earlier rejected vide order dated 01.07.2016, but the petitioner again filed this petition for grant of anticipatory bail on the ground that the petitioner deposited Rs. 3,00,000/- in the treasury and he undertakes to deposit the remaining amount.

It appears from perusal of the records that the petitioner being the Incharge Headmaster of the school withdrew Rs. 8,93,300/- for construction of school building in the year 2011, but he did not construct any portion of the school building. The

Patna High Court Cr.Misc. No.26295 of 2017 (2) dt.05-07-2017 2/2 F.I.R. was lodged in the year 2016, before that the petitioner filed complaint case against the Secretary of Vidyalaya Shiksha Samiti Anju Devi demanding extortion for construction of school building and that is why he could not be able to construct the school building. On the face of it, it appears that the petitioner resorted to illegal means in order to create defense. The petitioner has kept huge amount of government money with him for more than five years and when the case was lodged anticipatory bail was rejected by this court. The petitioner deposited only Rs. 3,00,000/- Considering the facts aforesaid I do not find any merit in this case, accordingly, the same is rejected. (Prabhat Kumar Jha, J.) Vinita/- U T