Tarique Anwar @ Munna @ Tarik Anwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17253 of 2024 Arising Out of PS. Case No.-376 Year-2023 Thana- ARARIA District- Araria ====================================================== Tarique Anwar @ Munna @ Tarik Anwar Son of Late Kalimuddin Resident of Village- Samda Ward No. 05, Police Station and District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Rana For the Opposite Party/s :

Mr.Jharkhandi Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 467, 468, 420/34 of the Indian Penal Code.

3. As per prosecution case, the allegation against the petitioner is of misappropriation the compensation amount house owners namely, Lakhan Lal Mandal, Rashmani Devi and Sumitra Devi.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. After lapse of three months of the alleged occurrence, the present FIR has been lodged by the informant which itself falsify the case. It is also submitted

Patna High Court CR. MISC. No.17253 of 2024(2) dt.14-03-2024 2/3 vide para 8, 10 & 11 of the petition that the informant himself admitted to have received the compensation amount of his land acquired in the said railway line construction and claimed falsely to the compensation amount of houses of the said persons was to be given in his account as settled with them. The said householders Sumitra Devi, Rashmani Devi & Lakhan Lal Mandal in their statement u/s 161 of the Cr.P.C. have admitted that they have already been provided the compensation sum of houses. They have also made no complain and any grievance against the petitioner and good sense has been prevailed between the parties. Other co-accused persons Md. Waker and Asd have already been enlarged on anticipatory bail by coordinate Bench of this Court vide order dt. 9.1.2024 passed in Cr. Misc. No. 83483 of 2023. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition and he is languishing in judicial custody since 30.11.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be

Patna High Court CR. MISC. No.17253 of 2024(2) dt.14-03-2024 3/3 released on bail in connection with Araria P.S. Case No. 376 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria.

(Sunil Kumar Panwar, J) Amandeep/- U T