Mohd. Naushad Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23235 of 2022 Arising Out of PS. Case No.-800 Year-2021 Thana- FORBESGANJ District- Araria ====================================================== Mohd. Naushad Alam Son Of Mohd. Yakub R/O Village- Mirzapur Kothi, Ward No.-11, Near Masjid, Meriganj, P.S.- Simraha, Farbisganj, DistrictAraria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nawal Kishor Prasad For the Opposite Party/s :

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Farbisganj (Simraha O.P.) P.S. Case no. 800 of 2021 instituted for the offence under Sections 409, 420, 34 of the Indian Penal Code.

As per allegation in the FIR, being the headmaster of the school, petitioner had misappropriated the government money of Rs. 24,97,500/- in connivance with Secretary of the school, namely, Sitara Shahnwaj Shikh, which was issued for the purpose of construction of class rooms of the school under M.S.D.P. Project.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no

Patna High Court CR. MISC. No.23235 of 2022(3) dt.09-11-2022 2/2 offence. At the time of allotment of work, petitioner denied to accept the work because of his ailment of heart disease. All cheques had been handed over to Secretary of the School, namely, Sitara Sahnawaj Seikh and he was responsible for all the money transactions as per development of construction work.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Farbisganj (Simraha O.P.) P.S. Case no. 800 of 2021, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Araria (Bihar) subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U