Amar Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85402 of 2023 Arising Out of PS. Case No.-530 Year-2020 Thana- BIHPUR District- Bhagalpur ====================================================== AMAR KUMAR SINGH S/O RABINDRA PRASAD SINGH RESIDENT OF VILLAGE- TELGHI, P.S.- KHARIK, DISTRICT- BHAGALPUR ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Surya Kant Mishra, Advocate For the Opposite Party/s :
Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 29-01-2024 Heard learned Counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Bihpur P.S. Case No. 530 of 2020 for the offence registered under sections 420, 409 and 406 of the Indian Penal Code lodged on 27.12.2020 by the informant, Shila Devi.
3. As per the prosecution story, the allegation against the petitioner is that for execution of work under Chief Minister Rural Drinking Water Scheme, he took Rs. 10,07,000/- but failed to complete the work. The further allegation is that in other wards also he took Rs. 12,30,500/- as also Rs. 11,99,900/- but again chose not to complete the work. Accordingly, the FIR.
4. The FIR is of year 2020. The petitioner moved for anticipatory bail before the learned Additional Sessions Judge,
Patna High Court CR. MISC. No.85402 of 2023(2) dt.29-01-2024 2/2 Naugachia in the year 2021 and the same came to be dismissed on 09.07.2021.
5. 2 1⁄2 years later, the present anticipatory bail. There is no averment on the fact whether the work for which payments were made as alleged in the FIR four years ago, the same has been executed or not.
6. Certainly despite specific allegation, the petitioner has delayed coming to this Court and in that backdrop, no relief can be granted to him, the anticipatory bail application stands rejected.
7. The petitioner is well advised to satisfy the Trial Court while filing the bail application along with all the relevant documents which will taken note of before an appropriate order is passed.
(Rajiv Roy, J) Neha/- U T