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. Praveen/- ( Akhilesh Chandra, J.)