Md. Riyaz Akhtar @ Reyaz Akhtar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20079 of 2024 Arising Out of PS. Case No.-47 Year-2023 Thana- MADHWAPUR District- Madhubani ====================================================== Md. Riyaz Akhtar @ Reyaz Akhtar son of Md. Fahim Akhtar, the then Panchayat Rojgar Sevak Gram Panchayat Raj Pirokhar, Madhwapur VillBasopatti Ps- Basopatti Dist- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumar Rajdeep, Advocate Mr. N K Agrawal , Sr. Advocate Mr. Arvind Kumar , Advocate Ms. Diksha Kumari , Advocate For the Opposite Party/s :

Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-04-2024 Heard learned counsel for the parties.

2. Petitioner apprehends arrest in a case registered for the offence punishable under Sections 406, 420, 409, 467, 468 , 471 and 34 of the Indian Penal Code .

3. As per the prosecution case, alleged amount of Rs. 63,392/- ( Rupees Sixty Three Thousand Three Hundred Ninety Two) is required to be recovered from the petitioner.

4. After some argument, learned counsel for the petitioner submits that he is ready to deposit the alleged amount

Patna High Court CR. MISC. No.20079 of 2024(2) dt.02-04-2024 2/3 of Rs. 63,392 /- ( Rupees Sixty Three Thousand Three Hundred Ninety Two ) in installments in the Nazarat of Civil Court, Benipatti, Madhubani.

5. Considering the aforesaid contention made on behalf of the petitioner, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Learned JM-I, Benipatti, Madhubani in connection with Madhwapur P. S. Case No. 47 of 2023 , subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure with direction to the petitioner that :- (i) Petitioner shall refund Rs. 30,392 /- ( thirty thousand three hundred ninety two) through Bank Draft/cash in the Nazarat of Civil Court, Benipatti, Madhubani at the time of furnishing bail-bond.

(ii) The petitioner shall refund the rest amount i.e., Rs. 30,000/- ( thirty thousand) in two equal installments of Rs. 15,000/- ( fifteen thousand) through Bank Draft/cash in the Nazarat of Civil Court, Benipatti, Madhubani within a period of six month from the date of furnishing bail-bond.

(iii) The aforesaid payment shall be subject

Patna High Court CR. MISC. No.20079 of 2024(2) dt.02-04-2024 3/3 to the final outcome of the case .

(iv) If petitioner does not abide by the aforesaid directions, the learned Court below is at liberty to cancel the bail-bond of the petitioner.

(Prabhat Kumar Singh, J) Koushik/- U T