Md. Ismullah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4183 of 2017 Arising Out of PS.Case No. -31 Year- 2016 Thana -CHIRAIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Md. Ismullah, Son of Reyazat Sah, R/o Village- Bahuarwa, P.S. Chairaiya, District-East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Karandeep Kumar For the Opposite Party/s : Mr. Smt. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-02-2017 Heard both sides.

The petitioner apprehends his arrest in Chiraiya P.S. Case No. 31/2016, registered for the offences punishable under Sections 409, 420 and 34 of the Indian Penal Code. The prayer for anticipatory bail of the petitioner was earlier rejected vide order dated 15.07.2016 passed in Cr. Misc. No. 17266/2016.

Learned counsel for the petitioner submits that the petitioner is a teacher and he received the entire amount i.e. Rs. 9,99,044/- but he is ready to return the amount. From the fact, it appears that the petitioner received Rs. 9,99,044/- four years ago for construction of the school building

Patna High Court Cr.Misc. No.4183 of 2017 (2) dt.22-02-2017 2/2 and kept the same with him. It is submitted that the petitioner is ready to deposit the entire amount.

Be that as it may, since the petitioner has kept huge amount with him and did not construct the school building for more than four years and only thereafter the case was lodged. The prayer for anticipatory bail was earlier rejected. I find no new ground to reconsider his prayer for anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) Rakhi U T