Basant Kumar Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.31147 of 2017 (3) dt.19-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31147 of 2017 Arising Out of PS.Case No. -55 Year- 2017 Thana -SINGHIYA District- SAMASTIPUR ====================================================== Basant Kumar Singh, son of Late Nagendra Prasad Singh, Resident of Village- Singhia, P.S.- Singhia, District- Samastipur. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Amitabh Sohan For the Opposite Party/s : Mr. Sri Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 19-08-2017 Heard learned counsel for the petitioner and learned APP representing the State.

The petitioner apprehends his arrest in connection with Singhiya P.S. Case No. 55 of 2017 registered for the offences punishable under Sections 406, 409/34 of the Indian Penal Code. Allegedly, the petitioner and other FIR named accused persons misappropriated the fund of Rs. 6,06,360/- which was allotted for construction of the middle school Bishunpur Diha. Submission is of false implication and that Sri Kameshwar Prasad Singh being the headmaster was granted the money, the petitioner has got no concern with the same and as such he deserves sympathetic consideration.

Learned APP opposes the prayer of pre-arrest bail by submitting that the headmaster was granted Rs. 23,28,000/-

Patna High Court Cr.Misc. No.31147 of 2017 (3) dt.19-08-2017 advance and for construction of the school building in the account of school committee an amount of Rs. 6,05,360/- was transferred but the petitioner and others misappropriated the same. The petitioner was authorized for construction work in the meeting no. 3.

In the facts and circumstances stated above, considering the allegation attributed against the petitioner, this Court is not persuaded to grant the privilege of pre-arrest bail to the petitioner, accordingly, his such prayer stands rejected. However, the petitioner, if so advised, surrenders and seeks regular bail before the court below then his prayer of bail shall be considered on its own merit without being prejudiced by the present order preferably on the same day.

(Jitendra Mohan Sharma, J) avin/- U T