Kashi Nath Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51347 of 2016 Arising Out of PS.Case No. -224 Year- 2016 Thana -BIHIYA District- BHOJPUR ====================================================== KASHI NATH SINGH Son of Late Bagha Singh, Retd. Panchayat Secretary, resident of village - Panapur, P.S. Jagdishpur, District - Bhojpur .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sunil Pathak For the Opposite Party/s : Mr. Manish Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-12-2016 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Bihia P.S. Case No. 224 of 2016 for the offences instituted under Sections 409, 420, 467, 468 and 471 of the Indian Penal Code.

The allegation against the petitioner is of financial irregularities as Rs. 8, 81, 600/- was taken by him as pension advance but no account was submitted by him and the same is due against Block Nazarat.

It has been submitted on behalf of the petitioner that the petitioner has falsely been implicated in the present case. There is no allegation of tampering of witnesses alleged against the

Patna High Court Cr.Misc. No.51347 of 2016 (2) dt.05-12-2016 2/2 petitioner. He has been made accused due to mistake of fact. The petitioner denies any outstanding due against him. He has already submitted the bills in respect to pension scheme. On behalf of the State, it has been submitted that the petitioner is the Panchayat Secretary and there was an outstanding dues of Rs. 8, 81, 600/- pending against him. Similarly he is accused in another case, where he has obtained fake last pay certificate of no dues. As to when there was an outstanding due of Rs. 20 lac and odd.

Considering the aforesaid facts and circumstances, I am not inclined to extend the privilege of anticipatory bail to the petitioner. Prayer for anticipatory bail of petitioner is rejected in connection with Bihia P.S. Case No. 224 of 2016 pending in the court of learned Chief Judicial Magistrate, Bhojpur at Ara. Anyhow if the petitioner surrenders in the court below within a period of six weeks from today, the same shall be considered on its own merit without being prejudiced by this order.

(Sudhir Singh, J.) Amit/- U T