Shailendra Mishra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2456 of 2024 Arising Out of PS. Case No.-150 Year-2022 Thana- PUNAURA District- Sitamarhi ====================================================== Shailendra Mishra Son of Late Bindeshwari Prasad Mishra Resident of Village- Kochar, PO- Fulkaha, PS- Kanhauli, District- Sitamarhi. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjeev Kumar, Advocate For the Opposite Party/s :
Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 18-04-2024 Heard Mr. Sanjeev Kumar, learned counsel for the petitioner and Mrs. Renu Kumari, learned APP for the State.
2. The petitioner is apprehending his arrest connection with Punaura P.S. Case No. 150 of 2022, F.I.R. dated 24.06.2022 registered for the offences punishable under Sections 409, 420, 467, 468, 34 of the Indian Penal Code.
3. Allegation against the petitioner is of defalcation of huge amount to the tune of more than Rs. 80,00,000/- of Government money being a Government servant
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case and at the relevant time the petitioner was the Secretary of Gram Panchayat Raj Maniyari. He further submits that as per allegation in the F.I.R. the petitioner has
Patna High Court CR. MISC. No.2456 of 2024(3) dt.18-04-2024 2/2 misappropriated the fund which was given to Gram Panchayat Raj Maniyari for 14th and 15th finance commission Rs. 48,28,500/- and for 5th finance commission Rs. 28,90,000/- respectively and till date the petitioner has not submitted any voucher in spite of that he has spent the money in the development of Panchayat.
5. Learned APP for the State, on the other hand, vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and it appears from the F.I.R. that the petitioner has misappropriated the amount to the tune of more than Rs. 80,00,000/- and not submitted the voucher till date, I am not inclined to grant the privilege of anticipatory bail to the petitioner in connection with Punaura P.S. Case No. 150 of 2022 pending in the Court of learned Chief Judicial Magistrate, Sitamarhi.
7. Prayer is refused.
(Rajesh Kumar Verma, J) Ibrar//- U T