Md. Ahrar Alam @ Md. Arhrar Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26886 of 2019 Arising Out of PS. Case No.-39 Year-2015 Thana- ANGARH District- Purnia ====================================================== MD. AHRAR ALAM @ MD. ARHRAR ALAM Son of Late Latifur Rahman Resident of Village- Sirsi, P.S.- Amour, District- Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Helal Ahmad For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 24-04-2019 Heard both sides.

The petitioner apprehends his arrest in Angarh P.S. Case No.39 of 2015 registered under Sections 406, 420 and 34 of the Indian Penal Code.

The Block Co-operative Extension Officer alleged that the petitioner being the Executive Member of the PACS and Md. Tahmid Alam, the Chairman of Chandel PACS misappropriated Rs.3,90,643/-.

The learned counsel for the petitioner submits that the petitioner is not the Executive Member of Chandel PACS. Petitioner is the elected Chairman of Kanfaliya PACS. The returning officer issued certificate which is annexed as Annexure 2 of the bail petition. It is further submitted that Md. Tahmid Alam, the Chairman of Chandel PACS has already been

Patna High Court CR. MISC. No.26886 of 2019(2) dt.24-04-2019 2/2 granted anticipatory bail vide order dated 30.03.2018 passed in Cr. Misc. No.11004 of 2018 on his undertaking that he had already deposited Rs.1,30,000/- and he would deposit remaining Rs.2,60,000 in six installments. The entire alleged amount of misappropriation has already been deposited by Tahmid Alam, Chairman of Chandel PACS and name of the petitioner has falsely been implicated in the case although the petitioner is not a member or connected in any way with Chandel PACS. Taking into consideration the facts aforesaid, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released 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 the learned Judicial Magistrate 1st Class, Purnea, namely, Sri M.Kumar in connection with Angarh P.S. Case No.39 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T