Md. Zakir Hussain @ Zakir Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6718 of 2026 Arising Out of PS. Case No.-897 Year-2017 Thana- MOTIHARI TOWN District- East Champaran ====================================================== Md. Zakir Hussain @ Zakir Hussain Son of Abdul Mazid R/o MohallaNakchhed Tola, Ward No. 18, P.S. -Motihari Town, District -East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Asif Kalim For the Opposite Party/s :

Mr.Rabindra Kumar- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-04-2026

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 409 and 34 of the Indian Penal Code.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that under the Scheme Swachh Bharat Mission, the petitioner obtained first instalment of Rs.7500/- to construct laboratory in his house but did not construct the laboratory and thus misappropriated the government money.

4. The learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is also submitted that the FIR was instituted in haste

Patna High Court CR. MISC. No.6718 of 2026(2) dt.30-04-2026 2/2 without enquiring as to whether the laboroty has been constructed or not. It is further submitted that even today if the authorities come to the house of the petitioner to enquire they will find the laboratory present. It is also submitted that after institution of the instant FIR subsequently the authorities inquired and gave NOC.

5. Learned A.P.P. Sri Rabindra Kumar opposes the anticipatory bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Trial Court where the case is pending/successor Court in connection with Motihari Town P. S. Case No.897 of 2017, subject to the conditions laid down under Section 482(2) of the B.N.S.S.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T