Patna High CourtCR. MISC./5622/2017dismissed

Sanjeev Kumar v. The State Of Bihar

2017-04-10Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5622 of 2017 Arising Out of PS.Case No. -210 Year- 2016 Thana -GAYGHAT District- MUZAFFARPUR ======================================================

1. Sanjeev Kumar, son of late Gajendra Prasad Sinha, resident of villageGorhiyari, P.S. Gaighat, District Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Shahnawaz Ali, Advocate For the Opposite Party/s : Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 5/ 10-04-2017 Heard learned counsel for the Petitioner and the State.

The Petitioner apprehends his arrest in Gaighat P.S. Case No.210 of 2016 instituted for the offence under Section(s) 409 Indian Penal Code pending in the Court of the Chief Judicial Magistrate, Muzaffarpur.

There is allegation in the written report that for the financial year 2011-12, the petitioner being Headmaster of upgraded Middle School, Chandpura, and also I/c Headmaster of upgraded Middle School, Puranankar, Muzaffarpur, has defalcated the amount as mentioned in the written report, which was sanctioned for construction of the school building. Case diary has been received along with a report about the present status of the construction made in the school.

Patna High Court Cr.Misc. No.5622 of 2017 (5) dt.10-04-2017 2/2 The police has reported that construction work of both the schools have not been completed as yet. The witnesses in paragraph 7, 8, 11 and 14 have also stated that construction work has not been completed and amount has been defalcated by this petitioner.

In view of such, this Court does not find it a fit case for grant of anticipatory bail.

Prayer is rejected.

The petitioner may surrender before the Court below and seek regular bail, which shall be considered and disposed of on its own merit without being prejudiced by this order. (Sanjay Priya, J) JA/- U T