The High Court of Judicature at Patna rejected an application for pre-arrest bail. The court refused bail because despite withdrawing significant funds, no work was executed and the money remained unreturned. (2016)
Application for grant of pre-arrest bail is rejected.
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 JUDICATURE AT PATNA Criminal Miscellaneous No.1670 of 2016
Arising Out of PS.Case No. -673 Year- 2015 Thana -BHABHUA District- BHABHUA (KAIMUR) ====================================================== 1. Smt. Nasim Arra @ Nasim, Arra wife of Md. Mumtaj Khan (ExPresident Bahuwan PACS) 2. Shri Shashi Kant Singh @ Shashi Kant Singh Son of Siyasan Singh Yadav Both resident of Village- Ujari Sikathi, P.S.- Bhabua DistrictKaimur at Bhabua .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sada Nand Roy For the Opposite Party/s : Mr. Khurshid Anwar (App)
====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER
3 11-04-2016 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners seek pre-arrest bail in connection with Bhabua P.S. Case No. 673 of 2015 registered under Sections 409 and 420/34 of the Indian Penal Code.
Regard being had to the specific allegation that despite withdrawing Rs.7,63,000/- from the Treasury, no work has been executed by the petitioners and in spite of repeated demand, the money withdrawn has not been returned back, I am not inclined to grant pre-arrest bail to the petitioners. Accordingly, the application for grant of pre-arrest bail is rejected.
(Ashwani Kumar Singh, J)
Pradeep/U T
1 issue framed by the court
Whether pre-arrest bail should be granted in a case involving misappropriation of public funds where the money was not returned.
1 provisions across 1 enactments
Smt. Nasim Arra @ Nasim
Shri Shashi Kant Singh @ Shashi Kant Singh
The State of Bihar
Ashwani Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
