Rajendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 39086 of 2016 Arising Out of PS.Case No. -63 Year- 2014 Thana -DAWATH District- SASARAM (ROHTAS) ====================================================== Rajendra Prasad S/o Ramanup Prasad, resident of Village- Bhopatpur, P.S.- Kotwa, District- East Champaran the then Assistant Engineer, Bihar Sharif, (Nalanda).

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar @ Manu For the Opposite Party/s : Mr. Bisheshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

20-09-2016 Heard Sri Sanjay Kumar @ Manu, learned counsel for the petitioner and Sri Bisheshwar Ram, learned Addl. Public Prosecutor.

The sole petitioner, who at the relevant time was Assistant Engineer, N.R.E.P. has approached this Court, with a prayer to grant anticipatory bail in Dawath P.S. Case No. 63 of 2014 registered for offence under Sections 409, 120(B), 34 of the Indian Penal Code.

It was submitted by learned counsel for the petitioner that ofcourse, in the F.I.R., it was disclosed that without completion of work, measurement book was prepared, however; subsequently, the same Block Development Officer, by letter no. 919 dated 09-12-2015, had certified that in the said project, the

Patna High Court Cr.Misc. No.39086 of 2016 (2) dt.20-09-2016 2/2 work has already been completed. Learned counsel for the petitioner has tried to persuade the Court to rely on the supervision note. He further submits that during investigation, nothing has been collected.

However, after going through the F.I.R., the Court is satisfied that it is not a case for grant of anticipatory bail. Dismissed.

(Rakesh Kumar, J.) Anay U T