Patna High CourtCR. MISC./11708/2016rejected

Tarkeshwar Prasad Singh @ Tarkeshwar Singh v. The State Of Bihar

2016-07-19Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11708 of 2016 Arising Out of PS.Case No. -36 Year- 2014 Thana -MUNGER MUFFASIL District- MUNGER ====================================================== Tarkeshwar Prasad Singh @ Tarkeshwar Singh, Son of Late Nageshwar Singh, Pantheist Secretary, Sadar Prakhand, Police Station Muffasil (Munger), District Munger, at present posted as Dharhara Prakhand, Police Station Dharhara, District Munger.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Shivendra Kumar Sinha, Advocate.

For the Opposite Party : Mr. A.Dayal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-07-2016 Heard both sides.

The petitioner apprehends his arrest in Muffasil (Munger) P.S. Case No. 36 of 2014 registered for the offences punishable under Sections 419 and 420 of the Indian Penal Code. The prayer for anticipatory bail of the petitioner was earlier rejected vide order passed in Cr. Misc. No. 39884 of 2014 on 22.04.2015.

It is submitted that Rs. 8,28,097/- was lying due against the petitioner. It is further submitted that the petitioner also did work of Rs. 97,000/- and only Rs. 6,20,000/- was lying due against the petitioner and the petitioner had deposited the entire amount vide Annexure-3 series.

Considering the facts aforesaid and the fact that prayer

Patna High Court Cr.Misc. No.11708 of 2016 (2) dt.19-07-2016 2/2 for anticipatory bail of the petitioner was earlier rejected, I do not feel inclined to enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected.

However, the petitioner, if so advised, may surrender before the court below within four weeks from the date of receipt/production of a copy of this order and pray for regular bail, his prayer shall be considered on its own merit without being prejudiced by this order and taking into consideration that the entire amount lying due against the petitioner, the petitioner had already deposited and dispose of the petition if possible on the same day.

(Prabhat Kumar Jha, J.) KKSINHA/- U T