Ram Sresth Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38055 of 2014 Arising Out of PS.Case No. -616 Year- 2013 Thana -SAMASTIPUR MUFFASIL DistrictSAMASTIPUR ====================================================== RAM SRESTH SHARMA SON OF SRI FAKIRA MISTRY RESIDENT OF VILLAGE LAXMIPUR, P.S. SAKRA, DIST. MUZAFFARPUR, EXINCHARGE P.C. D.O. OF BIHAR RAJYA BHANDAR NIGAM, SAMASTIPUR.

.... .... PETITIONER/S

VERSUS

THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance:

For the Petitioner/s : Mr. Ghanshyam Tiwary, Adv.

For the Opposite Party/s : Mr. Pushpa Sinha 2 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 01-07-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.

There happens to be an allegation of misappropriation of 2230 bags of DAP by the petitioner. It has been submitted on behalf of petitioner that he had not misappropriated. Referring page 23, Annexure of the FIR it has been submitted that actually Mukeshwar Sharma who succeeded the petitioner had misappropriated the bags taking advantage of absence of petitioner and that happens to be reason behind that he had given a certificate to the effect that 2140 bags of DAP was issued by the petitioner in between 16.11.2013 to 21.11.2013, the time when petitioner was at Buxar. So submitted that in order to save his own skin, Mukeshwar Sharma got the petitioner implicated.

Patna High Court Cr.Misc. No.38055 of 2014 (4) dt.01-07-2015 The learned Additional Public Prosecutor opposed the prayer.

One the of the annexures having attached with the FIR is the application submitted by the petitioner himself wherein he had admitted that he had not handed over charge of one of the godown (page no.21) and the defalcation of DAP bags relates with aforesaid godown. In the aforesaid background, I do not see it a fit case for grant of anticipatory bail.

Prayer for anticipatory bail is rejected.

(Aditya Kumar Trivedi, J.) PN/- U T