Shri Ghanshyam Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23696 of 2020 Arising Out of PS. Case No.-106 Year-2020 Thana- NARHATT District- Nawada ====================================================== SHRI GHANSHYAM PRASAD Son of Late Devki Nandan Prasad Resident of Village - Gambhirpur, P.O.- Sambey, P.S.- Warisaliganj, District - Nawada, Present address- V.I.P. Colony, Irrigation Building, P.S. and District - Nawada. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Verma, Advocate For the Opposite Party/s :

Mr. Jainul Abedin, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 07-10-2020 . As of now the Courts have not resumed normal physical hearing, the matter has been listed today for consideration through Video Conferencing.

The learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual court proceedings from their homes, all with the aid of audio visual technology.

Heard learned Counsel for the petitioner and the learned Counsel for the State.

Petitioner apprehends arrest in Narhat PS Case No. 106 of 2020 registered under Sections 406, 409 and 420 of the IPC. It is submitted by petitioner's counsel that without prejudice to the stand that he may take in the criminal trial, he in order to establish his bonafide is willing to deposit the amount of Rs. Seven lakhs allegedly misappropriated from the funds meant for the migrants during the lock down. By making such submission he would surrender before the court below i.e. the court of ACJM I Nawada, and seek installments for returning the entire amount within

Patna High Court CR. MISC. No.23696 of 2020(3) dt.07-10-2020 2/2 two weeks.

In view of such submission, this Court would only observe that if such a stand is taken by the petitioner, the court below shall consider it without holding the withdrawal of the instant application against the petitioner in any way. This application is accordingly disposed of.

(Madhuresh Prasad, J) SNkumar/- U T