Hassan Iqbal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19761 of 2025 Arising Out of PS. Case No.-255 Year-2021 Thana- GAIGHAT District- Muzaffarpur ====================================================== Hassan Iqbal Son of Md. Moied Resident of Village - Benibad, P.S. - Gaighat, District -Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Jai Prakash Verma, Advocate For the State :

Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-08-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 406, 409 and 120B of the Indian Penal Code.

3. The prosecution case, in brief, is that all the F.I.R. named accused persons, including this petitioner, defalcated government money under different government schemes. It is alleged that in spite of payment of Rs. 16,50,000/- to this petitioner, he failed to complete the work.

4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. Petitioner has falsely been implicated in this case merely because at the relevant time, petitioner was

Patna High Court CR. MISC. No.19761 of 2025(4) dt.07-08-2025 2/3 ward member. As a matter of fact, believing the words of the Ward Secretary, this petitioner gave a joint cheque of Rs. 10,00,000/- to the contractor, namely Md. Aftab and after receiving the cheque, the work was started but some obstruction was created due to which the work in question could not be completed and as such, this petitioner cannot be held responsible for the same. It is further submitted that in this case, charges have already been framed against this petitioner on 15.01.2025 under Sections 406, 409 and 120B of the Indian Penal Code. Petitioner has got no criminal antecedents and he is in custody since 07.09.2024.

5. On the other hand, learned A.P.P. appearing on behalf of the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the facts and circumstances of the case, nature of accusation, period of custody and clean antecedents of the petitioner, the prayer for grant of bail to the petitioner is allowed.

7. Accordingly, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.19761 of 2025(4) dt.07-08-2025 3/3 satisfaction of learned Judicial Magistrate, First Class, Muzaffarpur (East) in connection with Gaighat P.S. Case No. 255 of 2021.

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