High Court Patna High Court - Orders

Rizwan Ahmad vs State Of Bihar on 26 March, 2011

Patna High Court – Orders
Rizwan Ahmad vs State Of Bihar on 26 March, 2011
                             IN THE HIGH COURT OF JUDICATURE AT PATNA
                                              Cr.Misc. No.29613 of 2010
                     RIZWAN AHMAD, S/o Late Md. Soib, R/o Village- Banauli,
                    P.S.- Singhwara, District - Darbhanga.          ............ Petitioner
                                                           Versus
                                     STATE OF BIHAR.           ........... Opposite Party
                                                        -----------

3 26.03.2011 Heard learned counsel for the petitioner and Smt. Indu

Bala Pandey, learned Additional Public Prosecutor.

The petitioner, apprehending his arrest in Begusarai

Town P.S. Case No. 72 of 2010, registered for the offence under

Sections 420 & 409 of the Indian Penal Code, has prayed for grant of

anticipatory bail.

F.I.R. was lodged as per the written complaint filed by

Deputy Commissioner, Commercial Tax. The F.I.R. was lodged after

conducting an enquiry, during which, it was found that the petitioner

had misappropriated the Government fund.

In view of allegation made in the F.I.R., the court is of

the opinion, that it is not a fit case for extending the privilege of

anticipatory bail. Prayer for anticipatory bail stands rejected.

The petitioner, must surrender before the court below,

within one month from today.

It is made clear, that if the petitioner surrenders before the

court below and makes a prayer for regular bail, the learned court

below, without being prejudiced by rejection of anticipatory bail, will

examine the same and pass appropriate order, in accordance with law.

( Rakesh Kumar, J.)
Praful