IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3819 of 2010 RAM PRAVESH UPADHYAY son of Nand Kishore Upadhyay, R/O village Waina, P.S. Kudra, Dist. Kaimur At present Ppanchayat Secretary, Gram Panchayat Kalyanpur, Block + P.S. Durgawati, Dist. Kaimur ….Petitioner Versus STATE OF BIHAR ----------- For the Petitioner: Dr. Amrendra Kumar, Advocate For the State: Smt. Indubala Pandey, A.P.P. ----- 2 2.2.2010 Heard Dr. Amrendra Kumar learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State. Petitioner is apprehending his arrest in connection with Durgawati P.S. case No. 130 of 2009 registered under sections 409, 420, 467, 468, 471, 120(B)/34 of the Indian Penal Code and has approached this court for grant of anticipatory bail. From the first information report it is evident that during the inquiry which was conducted by the S.D.O. Mohania it was found that false muster roll was prepared and there by huge Government fund was misappropriated in connivance with the Mukhiya of Chehariya Grampanchayat. The petitioner was secretary of the said Panchayat at the relevant time. Learned counsel for the petitioner has argued that the Mikhiya during the investigation had already deposited the misappropriated amount and he was subsequently granted regular bail by the court below. Since there is specific allegation against the petitioner regarding commission of serious offences particularly misappropriation of Govt. fund in connivance with the other accused persons, I am not inclined to grant anticipatory bail. The prayer for anticipatory bail is rejected. However, it is made clear that if petitioner surrenders in the court below and makes a prayer for regular bail, the court below without being prejudiced by the order of this - 2 - court, will examine the case on its own merit and pass order on the date of surrender itself. (Rakesh Kumar, J) M.Rahman