Purendra Boipai v. the State of Jharkhand
Case brief
What is this about?
The High Court of Jharkhand at Ranchi rejected the petitioner's application for anticipatory bail in a corruption case involving defalcation of funds, holding that the allegations warranted rejection.
What did the court decide?
Prayer for anticipatory bail is rejected.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 7105 of 2023
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Purendra Boipai … Petitioner
-versus-
The State of Jharkhand through ACB … Opposite Party
---CORAM : SRI ANANDA SEN, J.
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For the Petitioner : Mr. Arun Kumar, Advocate For the State : Mr. Vineet Kumar Vashistha, A.P.P.
9/ 01.12.2023 Heard learned counsel for the petitioner and learned A.P.P. for the
State.
Petitioner apprehends his arrest in connection with Chakradharpur Police Station Case No.04 of 2017 corresponding to Vigilance Case No.18 of 2018 for allegedly committing offence under Sections 468, 471, 120 of the Indian Penal Code and Section 13(1)(D) of the Prevention of Corruption Act and Section 25 of the Mahatma Gandhi National Rural Employment Guarantee Act, pending in the Court of the Sub Divisional Judicial Magistrate, Porahat. Petitioner is a Panchayat Sewak. Allegation is that he has signed bills amount to Rs.1,96,000/-, but it was found that in fact materials amount to Rs.98,000/- approximately was not at all supplied. Thus, there is defalcation. Since the petitioner had signed the bills showing supply of materials amounting to Rs.1,96,000/- and in fact the entire materials were not supplied and on that basis entire amount has been released in favour of the contractor though materials worth Rs.98,000/- was not supplied, I am not inclined to grant privilege of anticipatory bail to the petitioner. Accordingly, prayer for anticipatory bail of the petitioner in connection with Chakradharpur Police Station Case No.04 of 2017 corresponding to Vigilance Case No.18 of 2018, pending in the Court of the Sub Divisional Judicial Magistrate, Porahat, is hereby rejected.
Issues for consideration
2 issues framed by the court
whether anticipatory bail should be granted to the petitioner in connection with alleged offence of corruption and defalcation of public funds
whether the circumstances of the case meet the requirements for granting anticipatory bail
Parties & counsel
- petitioner
Purendra Boipai
- respondent
The State of Jharkhand through ACB
Coram
SRI ANANDA SEN
Case details
As recorded by the court registry
- Court
- Jharkhand HC
- Decided on
- · December
- Registered
- Case no.
- A.B.A./7105/2023
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