Patna High CourtCR. APP (SJ)/440/2017disposed

Indrajeet Singh v. The State Of Bihar

2017-06-21Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.440 of 2017 Arising Out of PS.Case No. -16 Year- 2014 Thana -KATRA District- MUZAFFARPUR ====================================================== Indrajeet Singh, son of late Raghunath Singh, resident of village-Jamalpur, P.S.-Kathaiyan, District-Muzaffarpur at present Panchayat Secretary, Katra, P.S.-Katra, District-Muzaffarpur.

.... .... Appellant/s

Versus

The State of Bihar .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Hari Kishore Thakur For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-06-2017 The appellant seeks anticipatory bail in connection with Katra P.S. Case No.16 of 2014 registered for the offences punishable under Sections 406, 409 and 420 of the Indian Penal Code and Section 4 of the SC/ST (Prevention of Atrocities) Act, 1989.

Allegation against the appellant is that he has defalcated Rs.1,23,000/- allotted for distribution of scholarship amongst the SC/ST students.

It has been submitted on behalf of the appellant that the whole case is false which will appear from the impugned order also in which the learned Spl. P.P. has conceded this fact that the appellant has not withdrawn any amount which was allotted for distribution of scholarship amongst the SC/ST students. Heard learned Special P.P. also.

Patna High Court CR. APP (SJ) No.440 of 2017 (8) dt.21-06-2017 Having heard both sides, in view of the allegation, I am not inclined to grant anticipatory bail to the appellant, rather appellant to surrender and make prayer for regular bail before the Special Judge, Muzaffarpur which shall be considered on the basis of the submission made by him that no such withdrawal is made by the appellant and after considering this aspect of the matter the court below shall pass appropriate order without being prejudiced by the present order, if possible on the same day. Accordingly, this appeal is disposed of.

Arvind/- (Vinod Kumar Sinha, J) U T