Md. Ali Hassan @ Md Ali Hasan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4325 of 2020 Arising Out of PS. Case No.-195 Year-2019 Thana- MANIGACHI District- Darbhanga ====================================================== MD. ALI HASSAN @ MD ALI HASAN Son of Md. Usman, Resident of Village - Putai, P.S. - Manigachhi, Distt.- Darbhanga. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar Jha For the Opposite Party/s :

Mr.Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-09-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 406, 409, 420 and 34 of the Indian Penal Code.

The prosecution case in short is that the accused persons had withdrawn the money meant for government project namely 'Nal Jal Yojna' and had not completed the work and thus misappropriate the government money.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 22.11.2019 and has got no

Patna High Court CR. MISC. No.4325 of 2020(5) dt.09-09-2020 2/2 criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has been made accused due to mistake of fact. As per the allegation, the work assigned to the petitioner has not been properly carried out. The petitioner happens to be the Secretary of Ward Kriyanwayan Samiti of Ward No. 1. It is further submitted that the petitioner is ready to deposit a sum of Rs. One lakh in the court below which shall be subject to the final disposal of the case. On behalf of the State, it is submitted that the petitioner is named in the F.I.R..

Considering the aforesaid facts and circumstances, on deposit of a sum of Rs. One lakh in the Court below which shall be subject to final disposal of the cas e , it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga in connection with Manigachhi P.S. Case No. 195 of 2019.

(Sudhir Singh, J) Pankaj/- U T