IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33614 of 2011
Md. Ashraf Ali, Son of Late Md. Naimuddin, resident of
Mohalla Sohdih, Mahua Tola, P.S. Sohsarai, District
Nalanda.
-------Petitioner
Versus
The State Of Bihar
-----Opposite Party
----------------
03/- 09/11/2011 Heard Mr. Khatim Reza learned counsel for the petitioner and Mr.
Damodar Prasad Tiwary learned Additional Public Prosecutor for the State,
who is armed with carbon copy of the case diary up to paragraph – 44 dated
28.07.2011.
The petitioner apprehending his arrest in connection with a case
registered for the offence punishable under Sections 197, 218, 406, 409, 467,
468, 420 and 120(B) of the Indian Penal Code, is solitary named accused in
this case with allegation of committing serious irregularities and huge
defalcation of amount.
Submission is that he has already been suspended and departmental
proceeding is going on and internal enquiry indicates that Chief Executive
Officer is also one of the culprits, but no action has been taken as yet against
him. Further, the internal enquiry indicates that out of seven
charges/allegations, five were prima facie proved against the petitioner and all
such allegations are of serious nature relating to defalcation of huge amount.
In view of the above, petitioner appears not entitled for the
privilege sought. Accordingly, prayer for anticipatory bail of the above
named petitioner in connection with Bihar P.S. Case No. 96 of 2011,
pending in the court of Chief Judicial Magistrate, Nalanda, is hereby
refused.
( Akhilesh Chandra, J.)
Praveen/-