Murari Prasad @ Murari Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32887 of 2018 Arising Out of PS.Case No. -267 Year- 2017 Thana -HISUA District- NAWADA ====================================================== Murari Prasad @ Murari Singh S/o Late Bishundhari Singh, R/o Vill.- Ismailpur, P.S.- Sirdala, District- Nawada, at present Panchayat secretary, Gram Panchayat Handiya, P.S.- Nardiganj, District- Nawada. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ramakant Sharma, Sr. Advocate. Mr. Lakshmi Kant Sharma, Advocate.
For the Opposite Party/s : Mr. Bharat Lal, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 05-09-2018 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner has renewed his application for grant of pre-arrest bail in connection with Hisua P.S. Case No. 267 of 2017 registered for the offences under Sections 467, 468, 471, 406, 409 & 120-B of the Indian Penal Code.
Mr. Ramakant Sharma, learned Senior Advocate appearing for the petitioner submitted that similarly circumstanced co-accused Minta Devi, Mukhiya of the Gram Panchayat has already been granted pre-arrest bail vide order dated 25.04.2018 passed in Cr. Misc. No. 25155 of 2018. He contended that this fact was not brought to the notice of the Court when the application of
Patna High Court Cr.Misc. No.32887 of 2018 (2) dt.05-09-2018 2/2 the petitioner was earlier considered for grant of pre-arrest bail. Be that as it may, vide order dated 03.05.2018 passed in Cr. Misc. No. 26352 of 2018, the prayer for grant of pre-arrest bail of the petitioner was rejected considering the allegation made in the FIR that the petitioner had illegally withdrawn huge amount of Rs. 39,59,238/- from the Mukhya Mantri Saat Nischay Yogna. The ground that the lady Mukhiya has already been granted prearrest bail by a co-ordinate Bench of this Court may be a consideration for the court below when it would consider the application of the petitioner for grant of bail on surrender. However, on merits I am not inclined to grant pre-arrest bail to the petitioner. The application is accordingly dismissed. (Ashwani Kumar Singh, J) Pradeep/Sneha U T