Petitioner appeared for anticipatory bail in a case alleging misappropriation of construction funds and illegal payment to his wife. Court found he was not fit for anticipatory bail and rejected the prayer. Directed petitioner to surrender for regular bail.
Anticipatory bail rejected; Petitioner directed to surrender for regular bail
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.29466 of 2017
Arising Out of PS.Case No. -135 Year- 2017 Thana -MOTIHARI MUFASIL DistrictEASTCHAMPARAN(MOTIHARI)
| =============== 1. Md. Intekhab village/mohalla Champaran. 1. The State of Bihar =============== Appearance : |
====== Ansari, - Misc . ====== |
======================== son of Md. Mobin Ansari, ot, P.S. - Motihari Town, Di .... .... Versus .... .... Op ======================== |
========= resident of strict - East Petitioner/s posite Party/s ========= |
|---|---|---|---|
| For the Petitioner/s For the Opposite Par =============== CORAM: HONOU ORAL ORDER |
: ty/s : ====== RABLE |
Mr. Girish Pandey, Advocate Mr. Binod Kumar 3, APP ======================== MR. JUSTICE SANJAY PRIY |
========= A |
2/ 07-07-2017 Heard learned counsel for the Petitioner and the
State.
The Petitioner apprehends his arrest in Motihari Muffasil P.S. Case No.135 of 2017 instituted for the offence under Section(s) 409 Indian Penal Code pending in the Court of the Chief Judicial Magistrate, East Champaran at Motihari.
There is allegation against the petitioner that he misappropriated rupees seventy thousand allotted for construction of kitchen shed and also gave illegal payment of rupees twenty three thousand five hundred to his wife by getting her appointed as cook.
Counsel for the petitioner has submitted that he has purchased raw materials of rupees forty five thousand for
Patna High Court Cr.Misc. No.29466 of 2017 (2) dt.07-07-2017
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construction of kitchen shed and has deposited rupees twenty five thousand in the office. With respect to allegation that the petitioner illegally appointed his wife as Cook, learned counsel for the petitioner has denied such allegation.
Annexure-2 series are merely cash memos produced by the petitioner which cannot be taken into account as authenticated document that the money was spent for purchase of articles for construction of kitchen shed in the school. These
documents merely create defence of the petitioner.
In view of such, this Court does not find it a fit case for grant of anticipatory bail.
Prayer is, accordingly, rejected.
The petitioner may surrender before the Court below and seek regular bail, which shall be considered and disposed of on its own merit without being prejudiced by this order.
(Sanjay Priya, J)
JA/-
U T
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail in a case for misappropriation of funds.
1 provisions across 1 enactments
Md. Intekhab Ansari
The State of Bihar
Sanjay Priya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
