Gupteshwar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34856 of 2018 Arising Out of PS. Case No.-77 Year-2018 Thana- BARHARA District- Bhojpur ====================================================== Gupteshwar Sah, Son of Late Jamuna Sah, Resident of Village- Sohara, P.S.- Krishnagardh (Barhara), District- Bhojpur, at present Mukhiya of Sohara Panchayat.

... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar, Adv.

For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 02-07-2018 Heard Sri Manoj Kumar, learned counsel for the petitioner and learned Addl. Public Prosecutor. The sole petitioner, apprehending his arrest in Barhara (Krishnagadh) P.S. Case No.77 of 2018 registered for the offence under Sections 420, 467, 468, 471, 409, 120(B)/34 of the Indian Penal Code, has prayed for grant of bail, in the event of his arrest or surrender.

Learned counsel for the petitioner, at the very outset by way of referring to the F.I.R., submits that whatever allegation was made, was made against Ravindra Kishore, the then Panchayat Sevak, who had prepared list of beneficiaries ( S.E.C.C.). It has also been argued that in this case, there is no misappropriation of public fund, but before withdrawal of the

Patna High Court Cr.Misc. No.34856 of 2018(2) dt.02-07-2018 2/2 money, the case was instituted. On perusal of the F.I.R., it is evident that the petitioner was a Mukhiya.

Considering the nature of accusation and the fact that the petitioner was a Mukhiya as well as the fact that there is allegation of misappropriation of public fund in the Scheme of Prime Minister Awas Yojna, there is no reason to grant anticipatory bail to the petitioner.

The petition stands dismissed.

(Rakesh Kumar, J) nawalkrs/- U T