The Patna High Court heard a petition for anticipatory bail. The petitioner faced charges of defalcation under the P.C. Act and IPC regarding the Swachata Yojna. The court dismissed the prayer for bail.
Prayer for anticipatory bail dismissed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.23237 of 2018
Arising Out of PS.Case No. -515 Year- 2017 Thana -GANDHIMAIDAN District- PATNA
====================================================== 1. Neel Kamal, S/o Late Ramadhar, resident of Village+ Post- Abhaipur, P.S.- Suryagarh, District- Lakhisarai.
.... .... Petitioner/s Versus 1. The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Hemant Kumar For the Opposite Party/s : Mr. Sri Ajay Mishra
====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
7 18-06-2018 Heard the parties.
The petitioner is apprehending his arrest in connection with Spl. Case No.349 of 2017 arising out of Gandhi Maidan P.S.Case No.515 of 2017 registered for offences punishable under Sections 471, 409, 420, 120B/34 of the Indian Penal Code and Section 13(1)© and (d) r/w 13(2) of the P.C. Act. 1988.
Allegation against the petitioner is that in conspiracy with the other accused persons he defalcated amount of “Swachata Yojna”.
Submission of the learned counsel for the petitioner is that except the confession of the co-accused there is absolutely nothing against the petitioner, he is a government servant and he is ready to abide by any condition imposed upon him.
Patna High Court Cr.Misc. No.23237 of 2018 (7) dt.18-06-2018
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Heard learned A.P.P. also, who has opposed the prayer for bail stating that in the confessional statement of the co-accused, it has come that he has given Rs.05 lac as commission and also in collusion with the other persons he prepared a forged list. The charge-sheet has also been submitted against him.
Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant anticipatory bail to the petitioner as such his prayer for bail is dismissed.
(Vinod Kumar Sinha, J)
chn/-
U T
2 provisions across 2 enactments
Neel Kamal
The State of Bihar
Vinod Kumar Sinha
As recorded by the court registry
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