Mukhiya Imran Sabir @ Md. Imran Sabir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40423 of 2016 Arising Out of PS.Case No. -326 Year- 2015 Thana -JOKIHAT District- ARRARIA ====================================================== MUKHIYA IMRAN SABIR @ MD. IMRAN SABIR son of safiruddin Resident of Village-Gariki Bageshwari, P.S.-Jokihat, District-Araria .... .... Petitioner.

Versus

The State of Bihar .... .... Opposite Party.

====================================================== Appearance :

For the Petitioner/s : Mr. Nilesh Kumar For the Opposite Party/s : Mr. Sri Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 29-09-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Sections-467, 468, 471, 420, 409/34 of the Indian Penal Code. Petitioner was Mukhiya in the year, 2007-08 and he executed several government schemes but on the basis of spot verification report, conducted in the year, 2015, it was detected that the petitioner committed irregularities in execution of the schemes and embezzled government money.

Submission on behalf of the petitioner is that even after 7 years, solar lights and other articles were found and therefore, the aforesaid fact goes to show that the petitioner had already executed the government schemes in two phases but as a

Patna High Court Cr.Misc. No.40423 of 2016 (2) dt.29-09-2016 2/2 matter of fact, after lapse of 7 years, the petitioner has been roped in this case at the behest of his enemies. It is further submitted that even the inquiring authority found only certain irregularity in respect of making payment of concerned agencies because according to inquiring authority, the payment was made through the Panchayat Secretary and not direct to the concerned agency. It is further submitted that concerned Panchayat Secretary has already been granted privilege of bail by a coordinate bench of this court. So far as criminal antecedent of the petitioner is concerned; it is submitted that the petitioner has been roped in several cases at the behest of his political opponents.

Considering the above-said facts and circumstances of the case as well as submission of the parties, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Jokihat P.S. Case No. 326 of 2015 to the satisfaction of learned Sub Divisional Judicial Magistrate, Araria. (Hemant Kumar Srivastava, J) A.K.V./- U T