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Patna High CourtCR. MISC./40401/2017dismissed

Naresh Kumar Singh v. The State Of Bihar

2017-09-22Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40401 of 2017 Arising Out of PS.Case No. -139 Year- 2016 Thana -MARKAHI District- KHAGARIA ====================================================== Naresh Kumar Singh, son of Mahendra Singh, Resident of Village- Kalbara, P.S.- Morkahi, District- Khagaria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Sumiran Rai, Advocate. For the Opposite Party/s : Mr. Manish Kumar 2, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 22-09-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Morkahi P.S. Case No. 139 of 2016 instituted for the offence under Sections 409 and 420 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that work has been done but it remains incomplete. It has further been submitted that only finishing work is to be done. The certificate case has also been filed against him.

The learned A.P.P. has submitted that the scheme is of the year 2011-12 and the work has not been completed by the petitioner till date, though, the petitioner has withdrawn the entire amount from the account.

There is specific allegation against the petitioner that

Patna High Court Cr.Misc. No.40401 of 2017 (2) dt.22-09-2017 2/2 he withdrew Rs.8,05,350/- for construction of school building under the Scheme of 2011-12 but the works has not been completed till date. The counsel for the petitioner has not produced any document to support that he has completed the work.

In such circumstances, this Court is not inclined to grant anticipatory bail to the petitioner.

Prayer for anticipatory bail of the petitioner stands rejected.

Petitioner may surrender before the court below and make prayer for regular bail.

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