Patna High CourtCR. MISC./40552/2017dismissed

Diwakar Prasad Gupta v. The State Of Bihar

2017-10-06Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40552 of 2017 Arising Out of PS.Case No. -80 Year- 2017 Thana -VIJAYPUR District- GOPALGANJ ====================================================== Diwakar Prasad Gupta, son of late Ramdhani Sah, resident of villageJagdishpur, Police Station-Vijaipur, District-Gopalganj .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Lokesh Kumar Singh, Advocate For the Opposite Party/s : Mr. Matloob Rab, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-10-2017 Heard learned counsel for the petitioner, learned counsel for the informant and the State.

The petitioner apprehends his arrest in Vijaipur P.S. Case No. 80 of 2017 instituted for the offences under Sections 420, 409 and 406 of the Indian Penal Code.

There is allegation against the petitioner that he being the Headmaster was allotted work of construction of additional class room of upgraded Middle School for which money has been allotted and also withdrawn by the petitioner, but the work has not been completed. The work was allotted for the period 2011-12 and 2012-13 for construction of additional room.

Case diary has been received.

Learned A.P.P. has referred paragraph-21 of the case

Patna High Court Cr.Misc. No.40552 of 2017 (3) dt.06-10-2017 2/2 diary wherein there is specific allegation against this petitioner of withdrawing the amount of Rs.18,67,000/- but construction has been done only up to the roof level.

The petitioner has himself admitted in paragraph-9 of the bail petition that the construction has not been completed. Therefore, this Court is not inclined to grant anticipatory bail to the petitioner.

Prayer for anticipatory bail of the petitioner stands rejected.

Petitioner may surrender before the court below and make prayer for regular bail.

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