Santosh Kumar Diwakar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44718 of 2019 Arising Out of PS. Case No.-57 Year-2019 Thana- CHHABILAPUR District- Nalanda ====================================================== SANTOSH KUMAR DIWAKAR S/o Shivnandan Prabhakar, R/o villageGoraur, P.S.- Chhabilapur, District- Nalanda. At present- Mukhiya, Goraur Gram Panchayat, P.S.- Chhabilapur, District- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Sinha For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 22-07-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Chhabilapur P.S. Case No. 57 of 2019 registered for offence punishable under sections 420, 409/34 of the Indian Penal Code.

As per allegation, a joint account of Mukhiya with the Panchayat Secretary for the purpose of work of panchayat was opened and after the death of Panchayat Secretary it transpired that Rs.30,50,000/- (thirty lakhs fifty thousand) has been withdrawn and that has been misused. The petitioner is the Mukhiya of the Panchayat.

Looking to the entire facts and circumstances of the

Patna High Court CR. MISC. No.44718 of 2019(2) dt.22-07-2019 2/2 case, this Court is not inclined to grant bail to the petitioner and accordingly his prayer for bail is rejected. However, if the petitioner surrenders before the court below and prays for regular bail, the court below without being prejudiced by this order, will take decision in accordance with law, preferably on the same day.

(Shivaji Pandey, J) Mahesh/- U T