Bindeshwer Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41375 of 2016 Arising Out of PS.Case No. -70 Year- 2016 Thana -GOH District- AURANGABAD ====================================================== Bindeshwer Kumar, Son of Ramuna Sao, Ex-Incharge Head Master of Middle School, Bazar Verma, Present Address- Village- Jalalpur, P.S.-Goh, District-Aurangabad (Bihar) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Ms. Leelawati Kumari, Advocate. For the Opposite Party/s : Mr. Nawal Kishore Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-01-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks anticipatory bail in a case instituted for the offence under Sections 409, 420 and 34 of the Indian Penal Code.

There is allegation against the petitioner that he being the Ex-In-charge Headmaster, Middle School, Verma, along with Gita Devi, Sachiv, has withdrawn Rs.10,03,400/- and defalcated government money.

It has been submitted on behalf of the petitioner that the aforesaid amount has been withdrawn by the petitioner but the construction work has not been completed. He during course of argument has submitted that part construction work has been done.

Patna High Court Cr.Misc. No.41375 of 2016 (6) dt.27-01-2017 2/2 In this manner, since it is conceded by the petitioner that the construction work has not been completed, this is a serious matter of misappropriation of government money. In such circumstances, I am not inclined to grant anticipatory bail to the petitioner.

The prayer for anticipatory bail of the petitioner stands rejected.

(Sanjay Priya, J) S.Ali/- U T