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Patna High CourtCR. MISC./34771/2018dismissed

Abhimanyu Prasad Mandal v. The State Of Bihar

2018-07-02Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 34771 of 2018 Arising Out of PS. Case No.-44 Year-2016 Thana- Bela District- Sitamarhi ====================================================== Abhimanyu Prasad Mandal son of Late Jaynarayan Mandal resident of Village/Mohalla - Kharmanchak, Dr. Amulya Ghosh Road Police Station - Adampur, District - Bhagalpur.

... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Balram Kapri For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

02-07-2018 Heard Sri Balram Kapri, learned counsel for the petitioner and learned Additional Public Prosecutor. The sole petitioner, who at the relevant time was posted as Branch Manager of Uttar Bihar Gramin Bank, apprehending his arrest in Bela P.S. Case No. 44 of 2016 registered for offence under Sections 406, 409, 468, 413, 420/34 of the Indian Penal Code, has prayed for grant of bail in the event of his arrest or surrender.

On perusal of F.I.R., it is evident that without any photograph, an account was opened and by introducing forged person, misappropriation in respect of Indira Aawas Yojana was done. In the F.I.R, there is specific accusation against the petitioner. Besides this, on perusal of statement made in paragraph - 3 of the petition, it is evident that petitioner was

Patna High Court Cr.Misc. No.34771 of 2018(2) dt.02-07-2018 2/2 earlier also made accused in a case i.e. Parihari P.S. Case no. 57 of 2011 for offence under Sections 420 & 409 of the Indian Penal Code.

Considering the fact that there is specific accusation against the petitioner as well as the fact that he appears to be habitual offender of such offence, there is no reason to extend the privilege of anticipatory bail.

Dismissed.

(Rakesh Kumar, J.) anay U T