MADAN MOHAN CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this application a point has arisen as to whether this application for grant of anticipatory bail is maintainable in the Ranchi Bench of Patna High Court and also another point for consideration is as to whether a case has been made out for grant of anticipatory bail to the petitioner, in the facts and circumstances of the case.

(2.) The facts involved in this case is that the petitioner apprehends his arrest on the basis of certain allegations in Gopalpur police station case No. 17(2)81 pending in the Court of the Sub-divisional Judicial Magistrate, Naugachhia at Bhagalpur. The case has been instituted by the Sub-divisional Block Development Officer, Naugachhia on 8-2-1981. The offence is alleged to have committed with respect to execution of certain scheme i.e., Scheme No.1, 1980-81 for digging Tirashi Pokhar by the Circle Officer, Gopalpur. There is also mention in the first information report with regard to another scheme of Dharhara Pokhar Scheme No.2 1980-81 in Gopalpur Circle. The allegation was regarding bungling having been committed constituting an offence and also mis-appropriation of fund. It appears that prior to the .lodging of the first information report. a report had been submitted after enquiry to the District Magistrate. Bhagalpur by thc Sub-divisional Officer Naugachhia and the District Magistrate. Bhagalpur on perusal of the report had sent a confidential direction to the informant to institute a criminal case against the Agents, who had been named in the first information report and also against the petitioner. The petitioner happened to be the Circle Officer of Gopalpur at the time of the commission of the alleged offence. Accordingly the application in hand has been filed in the Ranchi Bench of Patna High Court for grant of anticipatory bail under Section 438 of the Code of Criminal Procedure. 1973 (hereinafter to be referred to as the Code) in the event of arrest of the petitioner in Gopalpur P .S. case No. 17(2)81.

(3.) While the matter had been placed before a learned single Judge. an objection had been raised on behalf of the State that since the criminal case relates to Naugachhia which falls within the jurisdiction of the Patna High Court even after creation of the permanent Bench of the Patna High Court at Ranchi, the application is not maintainable in this Bench; rather it has to go to Patna High Court.