Md. Nazar Imam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63209 of 2018 Arising Out of PS. Case No.-247 Year-2018 Thana- NAUGACHIA District- Bhagalpur ====================================================== Md. Nazar Imam Son of Md. Haidar Imam, Resident of Village- Mojahidpur West, Police Station- Mojahidpur, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Sen Prasad Singh For the Opposite Party/s :

Mr. Sri Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 18-12-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Naugachia P.S. Case no. 247 of 2018, registered under Sections 408, 353 and 120(B) of the Indian Penal Code. Petitioner who happens to be Accountant of the Primary Health Center, Naugachia is said to have locked the account office of PHC Naugachia and despite request and giving letter, he did not open the room and due to the aforesaid act several government schemes suffered a loss. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. Petitioner is not the permanent Accountant of PHC, Naugachia rather he is

Patna High Court Cr.Misc. No.63209 of 2018(2) dt.18-12-2018 2/2 working on contract basis. Moreover, on 22.05.2008 when he arrived at the office and tried to open the lock of his office, he found the lock tampered. Citing Annexure-2, he has submitted that he had given the information to such effect on the said date to the incharge Medical Officer, PHC, Naugachia. There is inordinate and abnormal delay of two months in lodging the F.I.R. and no plausible and convincing reason has been assigned for the aforesaid delay.

In the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-I, Naugachia, Bhagalpur in connection with Naugachia P.S. Case no. 247 of 2018, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

(Prakash Chandra Jaiswal, J) mantreshwar/- U T