Shashi Bhushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23879 of 2016 Arising Out of PS.Case No. -57 Year- 2016 Thana -KHIJARSARAI District- GAYA ====================================================== Shashi Bhushan Kumar, S/O Narsingh Narayan, resident of VillageChiraili, P.S.-Khizersarai, District-Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravindra Kumar Sinha, Adv. For the Opposite Party/s : Mr. A.L.Pandit (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-08-2016 Heard both sides.

The petitioner apprehends his arrest in Khizersarai P.S. Case No. 57/2016, registered for the offences punishable under Sections 409, 420 of the Indian Penal Code.

It is alleged that the petitioner was entrusted to the work of construction of eight class rooms, boundary wall and kitchen room worth Rs. 12,81,000/- in the year 2007. On the basis of measurement book entry, work of Rs. 8,15,663/- was found to be done and the petitioner is alleged to have misappropriated Rs. 4,63,337/-.

Learned counsel for the petitioner submits that vide annexure - 2 report is submitted and annexure - 3 shows that the petitioner has given money to different teachers for purchasing

Patna High Court Cr.Misc. No.23879 of 2016 (3) dt.04-08-2016 2/2 the construction materials. For construction of class room, boundary wall and kitchen, money was disbursed in the year 2007 and even after lapse of seven years the construction could not be completed.

It appears that the petitioner has misappropriated more than Rs. 4,63,000/-.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner above-named on anticipatory bail. Accordingly, the same is rejected.

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