Shambhu Poddar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23173 of 2017 Arising Out of PS.Case No. -377 Year- 2016 Thana -BARAUNI District- BEGUSARAI ======================================================

1. Shambhu Poddar, son of Banarsi Poddar, resident of Village- Ramdiri, Tola Lavharchak, P.S.- Matihani, District- Begusarai. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sada Nand Roy, Advocate For the Opposite Party/s : Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 06-07-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The Petitioner is apprehending his arrest in Barauni (Refinery) P.S. Case No.377 of 2016 registered for the offences punishable under Sections 406/420/467/471 of the Indian Penal Code.

The petitioner was driver of the informant. Allegation is that petitioner and other drivers of other vehicles were to unload the petroleum products to the different customers but they misappropriated the same.

Submission of the learned counsel for the petitioner is that the F.I.R. was lodged after one month only on complaint by the retailers that they have not received the petroleum.

Patna High Court Cr.Misc. No.23173 of 2017 (3) dt.06-07-2017 2/2 The petitioner has no material to substantiate that he had in fact handed over the petroleum products to the consignee. Hence, prima facie material is there against the petitioner to refuse the prayer for anticipatory bail.

Hence, I am not inclined to grant anticipatory bail to the petitioner. Hence, the prayer for anticipatory bail is refused. (Birendra Kumar, J) Mkr./- U T