Sharaf Eqbal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3194 of 2016 Arising Out of PS.Case No. -301 Year- 2015 Thana -CIVIL LINE District- GAYA ====================================================== Sharaf Eqbal, S/o Sabih Ahmad, R/o Mohalla- Muradpur, P.S. Civil Lines, District- Gaya .... .... Petitioner/s

Versus

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

For the Petitioner : Mr. Sourendra Pandey, Advocate Mr. Rajoday Satyjeet, Advocate For the Opposite Party/s : Mr. Atul Chandra(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 09-08-2016 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is apprehending his arrest in connection with Civil Lines P.S. Case No.301 of 2015 registered for the offence under Sections 467, 468, 471, 409, 420, 120B/34 of the Indian Penal Code, which is pending in the court of the learned Chief Judicial Magistrate, Gaya. The allegation against the petitioner is serious one. An amount of Rs.66,00,000/- (Sixty-six lacs) was credited into his account being the refund from the Income Tax Department. The petitioner was well aware that he was not entitled to such refund, yet he retained the amount. The person who had transferred the amount is none other than his brother-in-law,

Patna High Court Cr.Misc. No.3194 of 2016 (10) dt.09-08-2016 2/2 who had also taken blank cheques from the petitioner for withdrawing the same.

Having heard learned counsel for the petitioner and the learned counsel for the State and also because on an earlier occasion an opportunity was afforded to him to refund the amount, which he has not done till date, I am not inclined to grant anticipatory bail to the petitioner. It is, accordingly, dismissed.

(Anjana Mishra, J) PNM U T