Md. Abuzar Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4592 of 2020 Arising Out of PS. Case No.-366 Year-2019 Thana- RANIGANJ District- Araria ====================================================== Md. Abuzar Alam, Male, aged about 38 years, Ward Member of Ward No. 10 of Dhama Panchayat, S/o - Md. Bechan Ali @ Bechan Ali, Resident of Village- Dhama Ward No.10, P.S.- Raniganj, Distt- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Prasad Singh For the Opposite Party/s :

Mrs.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-02-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 409 and 420 of the Indian Penal Code.

The prosecution case got initiated on the basis of a written report of the Block Development Officer, Raniganj submitted before the officer-in-charge, Raniganj Police Station is to the effect that on 11.10.2019, he conducted a spot inspection at Dhama Panchayat when one Mina Kumari gave to him a written application to the effect that total Rs. 1,20,000/- had been sanctioned to her under Pradhanmantri Awas Yojna but the petitioner being a ward member took illegal gratification of Rs. 20,000/- from the informant.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.4592 of 2020(2) dt.29-02-2020 2/2 that the sanctioned amount under Pradhanmantri Awas Yojna has been deposited in the bank account of the informant and there is no proof with regard to the payment made to the petitioner by the informant. A statement has been made in paragraph-3 of the petition that the petitioner is also made accused in one other case in which he is on bail. Learned counsel for the State submits that the petitioner is named in the F.I.R. with specific accusation. Considering the fact that there is no proof with regard to the payment made by the informant to the petitioner, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Araria in connection with Raniganj (R.S.) P.S. Case No. 366 of 2019, subject to the conditions as laid down under Section 438 (2) of the Cr. P.C.

(Dinesh Kumar Singh, J) Rahul/ Gautam U T