Sachchidanand Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34553 of 2015 Arising Out of PS.Case No. -248 Year- 2014 Thana -GANDHIMAIDAN District- PATNA ======================================================

1. Sachchidanand Sinha S/o Late Brahmdeo Lal, resident of Road No. 2A, Bishwanath Path, Postal Park, P.S.- Jakkanpur, District & Town- Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Suneil Kumar Thakur For the Opposite Party/s : Mr. Sunil Kumar Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-10-2015 Heard both sides.

The petitioner apprehends arrest in a case registered for the offences punishable under sections 409 of the Indian Penal Code.

The informant alleged that the petitioner took advance for execution of nine schemes under B.R.J.F. to the tune of Rs.21,20,000/- and a sum of Rs.19,65,000/- for three schemes under 12th Finance Commission but in spite of reminders, petitioner neither returned the advance money nor submitted execution report of completion of the schemes. Learned counsel for the petitioner submits that the petitioner submitted measurement book but it is misplaced. The petitioner filed petition annexure-3 before the Block

Patna High Court Cr.Misc. No.34553 of 2015 (3) dt.16-10-2015 Development Officer to this effect and according to him only work of rupees three lacs remained to be done and the same may be deducted from his retiral benefits.

It appears that the petitioner took advance of Rs.21,2000/- in the year 2008-09 and Rs.19,65,000/- to execute three schemes of 12th Finance Commission but the petitioner did not complete any of the work and he had already retired and even thereafter he did not return the advance money taken by him. Considering the facts aforesaid, I am not inclined to grant anticipatory bail to the petitioner in connection with Gandhi Maidan P.S. Case No. 248 of 2014 pending in the court of Sri P. Dutta, Judicial Magistrate, 1st Class, Patna. This application for grant of anticipatory bail is, accordingly, rejected. The petitioner, if so advised, may surrender in the court below and pray for regular bail which shall be considered on its own merit without being prejudiced by this order of rejection.

(Prabhat Kumar Jha, J) Amin/- U