Prakash Chandra Prabhakar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66596 of 2018 Arising Out of PS. Case No.-122 Year-2014 Thana- KARPI District- Jehanabad ====================================================== Prakash Chandra Prabhakar, S/o sri Brahma Deo Das, Resident of MohallaNewalal Chowk, Bhattha Bazar, Purnea, P.S.-K. Hat, District-Purnea. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Vigilance Investigation Bureau, Patna.

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

For the Petitioner/s :

Mr. Mukesh Kumar Jha, Advocate For the Opposite Party/s :

Mr. Sri Ajay Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-07-2019 This is an application for grant of anticipatory bail in connection with Special Case No. 75 (A) of 2014, disclosing offences under Sections 420, 406, 409, 34 of IPC and Section 13(2) read with Section 13(1) (D) of the Prevention of Corruption Act.

Written report disclosed that N.G.O. in connivance with the PHED officials without construction of toilet has withdrawn and misappropriated the amount. It further appears that enquiry was held with respect to that and in the enquiry, the petitioner was made responsible along with the other accused persons.

Submission of the learned counsel for the petitioner is that several officials were found responsible and some of them

26-07-2019 Patna High Court CR. MISC. No.66596 of 2018(3) dt.26-07-2019 2/2 has been granted privilege of anticipatory bail by different Coordinate Benches of this Court. Heard learned A.P.P. also, who has opposed the prayer for anticipatory bail on the ground that the materials collected during the course of investigation disclosed that without construction of the toilet, the payment has been made and the petitioner being Junior Engineer was the duty to verify the construction work.

Having heard both sides, in view of the allegations, I am not inclined to grant privilege of anticipatory bail to the petitioner. He may surrender before the learned court below and make prayer for regular bail, without being prejudiced by order of this Court.

With the aforesaid, this application is dismissed. (Vinod Kumar Sinha, J) Sunil Shukla/- U T