Patna High CourtCR. MISC./15068/2017bail granted

Md. Mursalin And ORS v. The State Of Bihar

2017-04-06Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15068 of 2017 Arising Out of PS.Case No. -137 Year- 2013 Thana -THAKURGANJ District- KISANGANJ ======================================================

1. Md. Mursalin, S/o Md. Samshuddin, Resident of Mohalla-Masjid Tola, P.S.-Galgaliya, District-Kishanganj

2. Md. Arif Ansari @ Md. Arif, S/o Late Kasim Ali, Resident of Bara Basmuni, P.S.-Galgaliya, District-Kishanganj.

3. Shambhu Prasad, S/o Shankar Prasad, Resident of Village and P.S.- Galgaliya, District-Kishanganj.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Jha For the Opposite Party/s : Mr. Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 06-04-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 409/34 of the Indian Penal Code.

Petitioner no.3 Shambhu Prasad has already been arrested. Hence, his prayer for anticipatory bail is dismissed as infructuous.

Allegation of defalcation of public money is against co-accused Praveen Kumar and Rajesh Rai. The petitioners are not named in the FIR. During investigation it reveals that the cheques

Patna High Court Cr.Misc. No.15068 of 2017 (2) dt.06-04-2017 of public money were handed over to the petitioners for deposit in the Bank.

Considering the aforesaid allegation, let the petitioner nos. 1 and 2, namely, Md. Mursalin and Md. Arif Ansari @ Md. Arif, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Kishanganj/Successor Court in connection with Thakurganj (Galgaliya) P.S. Case No.137 of 2013, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Birendra Kumar, J) Arvind/- U T