Rajgaurav @ Raj Gaurav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32338 of 2015 Arising Out of PS.Case No. -35 Year- 2014 Thana -AKHODHIGOLA District- SASARAM (ROHTAS) ====================================================== Rajgaurav @ Raj Gaurav, Secretary, Indradeo Singh Seva Sansthan, Ara, son of Sri Chaturgun Prasad, resident of Lilawati Niwas, Praduman Sah Ka Hata, Ramgarhia More, P.S.-Ara Town, District-Bhojpur at Ara .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Kumar Singh, Advocate For the Opposite Party/s : Mr. Amit Kumar Rakesh(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 18-08-2015 Heard learned counsel for the petitioner and the learned counsel for the State.

The petitioner is apprehending his arrest in connection with Akorhigola P.S. Case No.35 of 2014 for allegedly having committed the offence under Sections 409 and 420/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the allegation has been made against the accused-petitioner that on the basis of a wrong measurement made by the Junior Engineer in connivance with the petitioner, the petitioner was paid a sum of Rs.79,760/- towards work done by him. The allegation in the F.I.R. is that while the petitioner had cleaned up an area of only 592 square meter in the office of the District Health

Patna High Court Cr.Misc. No.32338 of 2015 (2) dt.18-08-2015 2/2 Committee, the petitioner submitted bill for an area of 5822 square meter, for which he obtained full payment of Rs.79,760/-. Learned counsel for the petitioner submits that the Junior Engineer, who had done such measurement on the basis of which he received payment, has been extended the privilege of regular bail by the court below.

Considering the nature of allegations made against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. It is, accordingly, rejected.

However, if the petitioner surrenders in the court below i.e., in the court of the learned Additional Chief Judicial Magistrate, Dehri, Rohtas, in connection with the present case within a period of three weeks from the date of receipt/production of a copy of this order,and prays for bail, his case may be considered subject to the condition as mentioned in the order, by which the said Junior Engineer has been granted the privilege of regular bail.

(Anjana Mishra, J) PNM U T