Bhupendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.127 of 2017 Arising Out of PS.Case No. -184 Year- 2016 Thana -SAHEBPUR KAMAL District- BEGUSARAI ====================================================== Bhupendra Kumar Son of late Hirdya Narayan Yadav Resident of VillageKharhat, P.O.- Phool Mallik, P.S. - Sahebpur Kamal, District- Begusarai. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sharda Nand Mishra For the Opposite Party/s : Mr. Ashok Kumar Mr. Hitesh Suman ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-02-2017 Heard learned counsel for the petitioner and the learned counsel for the State.

The petitioner seeks anticipatory bail in a case instituted for the offence under Sections 409, 406 and 420 of the Indian Penal Code.

It is alleged in the written report filed by the Principal of Inter College, Sahebpur Kamal that when he inspected the bank statement, receipts, Admission register etc. of college from 201113 he found total receipt for the period of 2011-13 to 2016-18 for admission of the students in Arts and Commerce, amounting to Rs. 1, 15, 60, 800/-, but only amount of Rs. 69, 84, 497/- were deposited in the Bank and remaining amount of Rs. 45 lac was misappropriated by the petitioner. The petitioner admitted before College staffs about spending aforesaid amount for his personal needs.

Patna High Court Cr.Misc. No.127 of 2017 (3) dt.09-02-2017 2/2 Learned counsel for the petitioner has pointed out that a letter was written by this petitioner to the Superintendent of Police vide Annexure-2, wherein he has stated that the officer-in-charge of Sahebpur Kamal has forcibly brought him to the police station from the college and after giving threat, took his signature on a blank paper but it is admitted position that no any regular case has been filed by the informant leveling such allegations either against the college authority or the police.

Learned counsel appearing on behalf of the State has stated that all the witnesses in the case diary have supported the case of misappropriation. Therefore, this court does not find it a fit case for grant anticipatory bail.

Accordingly, the prayer for anticipatory bail of the petitioner stands rejected in connection with Sahebpur Kamal P.S. Case No. 184 of 2016, pending in the court of learned A.C.J.M.- V, Begusarai.

The petitioner is directed to surrender before the court below within four weeks from today and seek regular bail which shall be disposed of in accordance with law without being prejudiced by this order.

(Sanjay Priya, J) Amit/- U T