Patna High CourtCR. MISC./32912/2018disposed

Bindeshwari Pd. Singh And ANR v. The State Of Bihar

2018-08-13Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32912 of 2018 Arising Out of PS.Case No. -332 Year- 1996 Thana -KHAZANIHAT District- PURNIA ======================================================

1. Bindeshwari Pd. Singh, S/o Late Keval Singh, R/o Vill.- Sardar Bigha, P.S.- Hilsa, Distt.- Nalanda, the then Executive Engineer, N.R.F.P. Purnia.

2. Shyama Kant Jha S/o Late Tarakant Jha, R/o Vill.- Kahra, P.S.- Sour Bazar, District- Saharsa, the then Asstt. Engineer, N.R.E.P. Purnia. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vikram Singh For the Opposite Party/s : Mr. Md. Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-08-2018 Heard the parties.

The petitioners are apprehending their arrest in connection with K. Hat (Maranga) P.S.Case no.332 of 1996 registered for offences punishable under Sections 409, 420, 465, 467, 468 and120-B of the Indian Penal Code.

Allegation against the petitioner is of defalcation in execution of Milk Chilling Center and petitioners were Executive Engineer in N.R.E.P. Department. The petitioners are named in the FIR.

Submission of the learned counsel for the petitioners is that the allegation has been made against other accused persons and the case is of the year, 1999. After 19 years the petitioners have

Patna High Court Cr.Misc. No.32912 of 2018 (4) dt.13-08-2018 2/2 come for anticipatory bail stating that the police was in search of them.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of the anticipatory bail to the petitioner, however, if the petitioners surrender and make prayer for regular bail that will be considered by the learned court below on the basis of all the materials available on the record and also considering the fact that other coaccused person have been granted privilege of bail by this Court and if possible, the prayer for bail of the petitioners shall be disposed of on the same day.

With the aforesaid observation, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U T