Sri Noor Alam @ Md. Noor Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13136 of 2021 Arising Out of PS. Case No.-278 Year-2012 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== SRI NOOR ALAM @ MD. NOOR ALAM S/O- Late Md. Gulam Mustafa Tax Daroga Municipal Corporation, Muzaffarpur, R/O- Mohalla - Kedarnath Road, P.S. - Nagar, Distt - Muzaffarpur.

... ... Petitioner

Versus

1.

THE STATE OF BIHAR 2.

Sri Amarnath Mishra Son of Late Ganesh Dutt Mishra the then Municipal Commissioner, Municipal Corporation, Muzaffarpur. Resident of Village - Nawalganj, PS. - Bhargawan, District - Arariya ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukesh Kumar For the Opposite Party :

Mr. Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 09-03-2022 Learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month. Heard learned counsel for the petitioner as well as learned APP for the State.

The petitioner apprehends his arrest in connection with Town P.S. Case No. 278 of 2012, registered for the offences punishable under Sections 409, 323, 504 and 506 of the Indian Penal Code. The allegation against the present petitioner is that being Tax Daroga, he recovered tax amount of Rs. 2,76,100/- from tax payers but he did not deposit it to the office of Municipal Corporation. Learned counsel for the petitioner has submitted that the amount was already been deposited but it was not updated in the Ac-

Patna High Court CR. MISC. No.13136 of 2021(3) dt.09-03-2022 2/2 count Section and in that misconception this case was lodged against the present petitioner.

By drawing my attention towards Annexure-3, learned counsel for the petitioner has submitted that the Department has given no objection certificate mentioning therein that there is no any due pending against the present petitioner.

Considering the above-mentioned facts and circumstances, let the petitioner, in the event of his arrest or surrender, be released on anticipatory bail within four weeks before the learned court below on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court of Chief Judicial Magistrate, Muzaffarpur in connection with Town P.S. Case No. 278 of 2012, subject to the conditions as laid down under Section 438(2) Cr.P.C.

Office shall ensure that all defects are removed by the petitioners within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court. (Nawneet Kumar Pandey , J) SONALI/- U T