Ghana Nand Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58010 of 2017 Arising Out of PS.Case No. -209 Year- 2017 Thana -BHAWANIPUR District- PURNIA ======================================================

1. GHANA NAND MANDAL S/o Sri Om Prakash Mandal resident of village - Durgapur, P.S. - Bhawanipur, Distt. - Purnea. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Kumar Mallick For the Opposite Party/s : Mr. Sri Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 20-12-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Bhawanipur P.S.Case No. 209 of 2017 registered under Sections 420 and 409 of the Indian Penal Code. It is submitted by the learned counsel for the petitioner that after institution of the FIR the petitioner, who had withdrawn Rs.8,26,000/- for construction of the school building in the year 2009, already deposited the same on 29.08.2017. In the opinion of this Court, the defence of the petitioner is itself admission of the guilt. It is a clear case of temporary embezzlement of government money.

In that view of the matter, I am not inclined to grant

Patna High Court Cr.Misc. No.58010 of 2017 (2) dt.20-12-2017 2/2 pre-arrest bail to the petitioner. Accordingly, the application for grant of pre-arrest bail is rejected.

In case the petitioner surrenders and seeks bail, the same shall be considered on its own merit without being prejudiced in any manner by this order.

(Ashwani Kumar Singh, J) Pradeep/- U T