Abhay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61412 of 2018 Arising Out of PS. Case No.-2 Year-2017 Thana- RAGHOPUR District- Supaul ====================================================== Abhay Kumar, Son of Shri Nand Kishore Yadav, Resident of Village- Khaira, P.S.- Saur Bazar, District- Supaul.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amrit Abhijat For the Opposite Party/s :

Mr. Smt Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 10-12-2018 Heard learned counsels for the parties.

The petitioner, being the Headmaster of the school is apprehending arrest in a case registered for the offences punishable under Sections 406,409 and 420 of the IPC. It is alleged that for construction purposes the petitioner was given an advance amount of Rs.4,45,950/- but the construction work has not yet started. During the investigation, it was found that the said amount has been withdrawn but the construction has not been done and the petitioner has been absconding.

It is submitted by learned counsel for the petitioner that the petitioner has conducted construction work for Rs.3,81,727/- and he is still ready to complete the construction in question. It is submitted by learned APP that the processes under

Patna High Court Cr.Misc. No.61412 of 2018(3) dt.10-12-2018 2/2 Sections 82/83 of Cr.P.C. have already been issued. Considering the nature of accusation and keeping in view the fact that FIR was registered on 2.1.2017, but the present application for anticipatory bail has been registered on 1.10.2018, this Court is not inclined to grant anticipatory bail to the petitioner. However, let the learned Court below consider the prayer of the petitioner for regular bail in case the petitioner surrenders within six weeks in connection with Raghopur P.S. Case No. 2 of 2017 pending in the Court of the learned ACJM, Birpur.

With the aforesaid observation/direction, this application is disposed of.

(Dinesh Kumar Singh, J) anil/- U