Md. Shibli v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2537 of 2019 Arising Out of PS. Case No.-30 Year-2018 Thana- MANIGACHI District- Darbhanga ====================================================== Md. Shibli , son of Md. Shafique Ahmad, Resident of village + P.S-Bahera, Distt.-Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Shahnawaz Ali For the Opposite Party/s :

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-04-2019 The petitioner apprehends his arrest in connection with Manigachhi P.S.Case No. 30 of 2018 registered under Sections 406,409,420/34 of the Indian penal Code.

Allegation against the petitioner is that he withdrew a total sum of Rs. 45,63,300/- of different schemes of Gram Panchayat without doing any work and thus, he has committed breach of trust and misappropriated Government money. Submission of learned counsel for the petitioner is that money used to be withdrawn with the joint signature of the petitioner and Mukhia and after withdrawal he has handed over the amount to Mukhia, which will appear from the document appended with the petition and now he has filed supplementary affidavit showing that work has been done and without verifying the same charge has been levelled against the petitioner.

Patna High Court CR. MISC. No.2537 of 2019(6) dt.16-04-2019 2/2 Heard learned APP also.

Having heard both sides and in the facts and circumstances, as stated above, let the petitioner, abovenamed, surrender before the court below within a period of six weeks from the date of receipt of a copy of this order, and on his surrender, he will be released on provisional bail till submission of charge sheet upon furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM, Darbhanga in connection with Manigachhi P.S. Case No. 30 of 2018; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. In the meantime, he will assist the investigating officer. Further even after investigation, case is found true agaisnt him and charge sheet is submitted, he has to surrender and make prayer for regular bail, which shall be considered and disposed of, on the basis of materials available on record, without being prejudiced by this order. (Vinod Kumar Sinha, J) sujit/- U T