Md. Nasim Ahmad @ Nasim Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17523 of 2023 Arising Out of PS. Case No.-197 Year-2021 Thana- JHANJHARPUR District- Madhubani ====================================================== MD. NASIM AHMAD @ NASIM AHMAD S/O Nasir Ansari @ Late Nasir R/O Village- Chanauragoth, P.S- Jhanjharpur, District- Madhubani ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ramchandra Jha Raman, Adv.

For the Opposite Party/s :

Mr.Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-06-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner apprehends his arrest in connection with Jhanjharpur P.S. Case No.197/2021, registered for the offence punishable u/s 406, 409, 420, 34 of the IPC.

Allegation against the petitioner is that he defalcated Government fund granted for Nal-Jal Yojana to the tune of Rs.10,31,152/-.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to ulterior motive. No such occurrence, in the manner as alleged, has ever taken place. It is submitted that later on the petitioner has completed the work and in this regard, he has enclosed the document at

Patna High Court CR. MISC. No.17523 of 2023(3) dt.26-06-2023 2/2 Annexure-2.

Learned APP for the State opposed the prayer for bail by submitting that the work has been completed after a long delay. Having regard to the facts and circumstances of the case and considering the nature of allegation and that there was delay in completing the work, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

This application is accordingly dismissed.

However, petitioner is at liberty to surrender before the learned court below within a period of six weeks from today and seek regular bail and the learned Court below would pass order, preferably, on the same day, in accordance with law, considering that the petitioner has completed the work as evident from Annexure-2 of the bail application.

(Anjani Kumar Sharan, J) pallavi/- U T