Md. Abdul Hussan @ Abdul Hussan @ Md Abdul Hussain v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2727 of 2020 Arising Out of PS. Case No.-304 Year-2019 Thana- AKBARPUR District- Nawada ====================================================== MD. ABDUL HUSSAN @ ABDUL HUSSAN @ MD ABDUL HUSSAIN Son of Md. Ataullah Resident of Village and Post Office-Datraul, Police Station-Pakribarawan, District-Nawadah.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arun Kumar, Advocate.
For the Opposite Party/s :
Mr.Madhura Nand Jha, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 22-06-2020 This matter has been taken up through Video Conferencing.
Heard the parties.
The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 419 and 420 of the Indian Penal Code.
According to FIR, fund of Indira Awas was allotted in favour of Suresh Chaudhary, Son of late Darogi Chaudhary of village - Kuhila, P.S. - Akbarpur, District - Nawada. During the lifetime of said Suresh Chaudhary, the petitioner and coaccused Prafull Kumar who were Gramin Awas Assistants in collusion with each other and for wrongful gain, allegedly transferred the aforesaid amount in the name of one Garbi Devi, wife of Late Suresh Chaudhary of the same village.
Patna High Court CR. MISC. No.2727 of 2020(3) dt.22-06-2020 2/3 Learned counsel for the petitioner submits that this is a case of bonafide mistake and as soon as it was detected the amount has already been transferred by Garbi Devi to the account of Suresh Chaudhary.
Learned APP for the State opposed the prayer for bail.
Considering the prima facie case of bonafide mistake and the fact that the petitioner has got no criminal antecedent, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs. 20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Akbarpur P.S. Case No. 304 of 2019, subject to the condition as laid down under Section 438
(2) of the Code of Criminal Procedure as well as subject to the following conditions:
(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.
(b) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below
Patna High Court CR. MISC. No.2727 of 2020(3) dt.22-06-2020 3/3 shall be at liberty to cancel the bail bond of the petitioner. (c) The petitioner shall not leave the country without permission of the trial Court.
(Birendra Kumar, J) mantreshwar/- U T