Jharkhand High Court
Raghubar Tiwary vs State Of Jharkhand on 22 March, 2012
Author: Jaya Roy
Bench: Jaya Roy
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 567 of 2012
Raghubar Tiwary ... ... ... Petitioner
Versus
The State of Jharkhand ... ... ... Opp. Party
CORAM : HON'BLE MRS. JUSTICE JAYA ROY
For the Petitioner: M/s Atanu Banerjee, T.K. Mishra, Advocates
For the State : A.P.P.
02/22.03.2012Heard counsel appearing for the petitioner and counsel appearing for the State.
Petitioner is apprehending his arrest in connection with the case registered under Sections 406/409/420 of the Indian Penal Code.
Counsel appearing for the petitioner has submitted that though the audit report is a part of the F.I.R. but the informant has not named the petitioner in the said F.I.R. only Satya Prakash Choudhary is made accused in the F.I.R.. He has further submitted that being Assistant Programme Officer neither he was Incharge of placing order nor he was Incharge for making any payment.
Counsel appearing for the State has submitted that in the audit report petitioner's name has also come, thereafter, in the investigation name of the petitioner has come as one of the persons involved in this offence. Furthermore, this is a case of defalcation of more than one crore rupees.
Considering all these aspects and considering the fact that there is material against the petitioner in the investigation and also in the audit report, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, prayer for anticipatory bail of the petitioner stands rejected.
(Jaya Roy, J.) Anit