Sanjay Kumar Pandey v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5259 of 2018 Arising Out of PS.Case No. -39 Year- 2015 Thana -PAROO District- MUZAFFARPUR ====================================================== Sanjay Kumar Pandey .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mrs. Punam Shrivastava For the Opposite Party/s : Mr. Sri Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-02-2018 Heard both sides.

The petitioner apprehends his arrest in Paroo P.S. case No. 39 of 2015 for the offences punishable under Section 409, 419, 420 of the Indian Penal Code.

In pursuance of the direction of the District Education Officer, Muzaffarpur the Block Education Officer lodged the case that the petitioner being Headmaster of Primary School, Belahi, Ideal village, Paroo was entrusted to construct building of primary school, Belahi and the estimated cost of construction was Rs. 11,12,000/-. The petitioner withdrew Rs. 7,31,392/- but the construction work was not started. The petitioner misappropriated the entire amount. The learned counsel for the petitioner submits that petitioner did the work of foundation of building but on account of

Patna High Court Cr.Misc. No.5259 of 2018 (2) dt.02-02-2018 2/2 activities of unsocial elements he could not complete the work. It appears that petitioner was entrusted with Rs. 7,31,392/- in the financial year 2010-11 but till financial year 2015 he has not competed the construction work and ultimately the FIR was lodged.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) BKS/- U T