Single judge rejected the petitioner's second pre-arrest bail application in a corruption case involving misappropriation of pension funds. The court refused bail despite a co-accused's release, ordering surrender instead.
Application for pre-arrest bail rejected; petitioner directed to surrender and seek bail.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.46872 of 2018
Arising Out of PS.Case No. -59 Year- 2018 Thana -MUFFASIL District- AURANGABAD
====================================================== Surendra Ram, son of Late Rambilas Ram, resident of village- Judahi, P.O.- Umga, P.S. -Madanpur, District- Aurangabad. .... .... Petitioner/s Versus The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dhirendra Kumar Sinha, Advocate For the State : Mr. Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER
3 19-09-2018 This is the second attempt for grant of pre-arrest bail
by the petitioner in connection with Aurangabad Muffasil P.S. Case No.59 of 2018 registered under Sections 406, 420, 409, 467, 468, 471 and 120B of the Indian Penal Code.
Regard being had to the allegation made in the first
information report lodged by the Block Development Officer, Deo, Aurangabad that more than rupees fifty one lacs meant for payment of pension to old aged persons and widows was illegally withdrawn by the petitioner in collusion with Mukhiya, I am not inclined to grant him pre-arrest bail even though a co-accused has been granted pre-arrest bail by a co-ordinate Bench the of this Court on condition to deposit 1/4th of the defalcated amount in one month and remaining amount in one year in twelve equal
Patna High Court Cr.Misc. No.46872 of 2018 (3) dt.19-09-2018
2/2
instalments.
Accordingly, the application for grant of pre-arrest
bail is rejected.
The petitioner may surrender and seek bail.
(Ashwani Kumar Singh, J)
Md.S./-
U T
2 issues framed by the court
Whether the petitioner's second application for pre-arrest bail should be allowed in a money-laundering corruption case involving defalcation of pension funds.
Whether the release of a co-accused on conditional bail requires the current petitioner to be granted bail.
Surendra Ram
The State of Bihar
ASHWANI KUMAR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
