Vivek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37521 of 2017 Arising Out of PS.Case No. -43 Year- 2016 Thana -DEO District- AURANGABAD ====================================================== Vivek Kumar, S/o Krishna Ram, resident of Village- Mahuain, P.O.- Manika, P.S.- Madanpur, District- Aurangabad. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Tapeshwar Sharma, Advocate. For the Opposite Party/s : Smt. Pushpa Sinha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 03-01-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Deo P.S. Case No. 43 of 2016 instituted for the offence under Sections 406, 420 and 409/34 of the Indian Penal Code.

There is allegation in the written report that petitioner was allotted fund for construction of school building in the year 2013-14 and as per measurement book, the work was done only for the amount of Rs.1,80,000/- and Rs.6,15,000/- was realisable from the petitioner.

Case diary has been received.

Learned A.P.P. after perusing the case diary has submitted that the work is still incomplete.

In such circumstances, this Court is not inclined to

Patna High Court Cr.Misc. No.37521 of 2017 (5) dt.03-01-2018 2/2 grant anticipatory bail to the petitioner.

Prayer for anticipatory bail of the petitioner stands rejected.

The petitioner may surrender before the court below and make prayer for regular bail which shall be considered/disposed off by the court below on its own merit without being prejudiced by this order.

(Sanjay Priya, J) S.Ali/- U T