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Patna High CourtCR. MISC./3906/2019bail granted

Md. Shahid Ali v. The State Of Bihar

2019-02-22Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3906 of 2019 Arising Out of PS. Case No.-203 Year-2018 Thana- HASPURA District- Aurangabad ====================================================== Md. Shahid Ali son fo Late Abdul Rahim Resident of Village- Rafiganj, Muhalla- Rajabagicha, P.S. Rafiganj, District- Aurangabad (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-02-2019 Heard the parties.

The petitioner is apprehending his arrest in connection with Haspura P.S.Case no.203 of 2018 dated 20.9.2018 G.R.No.851 of 2018 , registered for offences punishable under Section 409 of the Indian Penal Code.

Allegation against the petitioner, who is a Panchayat Sewak is that he along with others had been directed to submit merit list of selected teachers by 31.7.2018 but the petitioner and other persons failed to submit the report. Submission of the learned counsel for the petitioner is that there is no case of misappropriation and only there is noncompliance of the order, as such no case is made out under Section 409 of the IPC.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.3906 of 2019(3) dt.22-02-2019 2/2 Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M., Aurangabad in connection with Haspura P.S.Case No.203/18, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure. With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U T