Regular bail application in a case of alleged non-deposit of rice sale proceeds by a cooperative chairman under sections 420, 467, 468 and 471 IPC. The court noted the petitioner absconded for over three years despite an Apex Court surrender direction and rejected the bail application.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.22148 of 2023
Arising Out of PS. Case No.-476 Year-2017 Thana- BHABHUA District- Kaimur (Bhabua)
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SANTOSH PRASAD SON OF LATE BABAN PRASAD RESIDENT OF VILLAGE- NAUHATTA, PS- BELAON, DISTT- KAIMUR(BHABHUA)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Y.C. Verma, Sr. Adv. Mr. Satyendra Pandey, Adv. For the Opposite Party/s : Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER
2 18-05-2023 1. Heard learned counsel for the parties.
grant of regular bail in connection with Bhabua P.S. Case no.476 of 2017 registered under sections 420, 467, 468 and 471 of the Indian Penal Code.
Patna High Court CR. MISC. No.22148 of 2023(2) dt.18-05-2023 2/3
(Annexure-2) of the District Cooperative Officer, Kaimur, Bhabua to the Assistant Registrar, Cooperative Society, Bihar, Patna, learned senior counsel submits that the entire amount of Rs.88,19,500/ with respect to the rice given to the petitioner for the year 2016-17 has been deposited by the petitioner as stated in the said letter. It is further submitted that the petitioner is in custody since 23.12.2022 and the evidence on behalf of the prosecution is mainly documentary in nature. It is lastly submitted that investigation having concluded, chargesheet has been submitted in the case.
Patna High Court CR. MISC. No.22148 of 2023(2) dt.18-05-2023 3/3
taking into consideration the nature of allegation, the petitioner not having surrendered in time as directed by the Hon’ble Apex Court and having continued to abscond for more than three years, this Court is not inclined to enlarge the petitioner on bail and the application is rejected.
(Partha Sarthy, J)
Saurabh/-
U T
1 issue framed by the court
Whether the petitioner, who absconded for over three years despite a Supreme Court direction to surrender, should be granted regular bail.
1 provisions across 1 enactments
Santosh Prasad
The State of Bihar
Partha Sarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
