Md. Kadir Alam @ Md. Quadir Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25053 of 2019 Arising Out of PS. Case No.-26 Year-2019 Thana- PIRPAINTI District- Bhagalpur ====================================================== 1.

MD. KADIR ALAM @ MD. QUADIR ALAM Son of Md. Noor Alam Resident of Village - Chouka Fatehpur, P.S.- Zero Mile, District- Bhagalpur (Working as House Supervisor) 2.

Ashutosh Kumar Son of Sri Gajadhar Mandal Resident of Mohalla - Housing Board, P.S.- Barati, District- Bhagalpur (Working as Computer Operator) 3.

Bijay Kumar Son of Sri Moti Choudhary Resident of Mohalla - D.N. Singh Road Kharmanchak, P.S.- Adampur, District- Bhagalpur (Working as Account Assistant Rural Home) ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bhavesh Kumar For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 18-04-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Pirpainty P.S. Case No. 26 of 2019 for the offence punishable under Sections 406, 409, 420, 467, 468, 471/34 of the Indian Penal Code.

Learned counsel appearing for the petitioners submits that the petitioners, who are of clean antecedent, are innocent and have not committed any offence. According to the F.I.R. itself, it appears that the amount of Lohiya

Patna High Court CR. MISC. No.25053 of 2019(2) dt.18-04-2019 2/2 Swacchta Bihar Abhiyan and Pradhanmantri Aawas Yojna (Rural) was transferred in the other accounts by hacker by manipulating soft copy of advice. Therefore, the burden cannot be shifted to the petitioners who are government servant as they have not misappropriated any amount in their favour. Hence, the petitioners may be granted the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the, above named, petitioner in the event of surrender within a period of four weeks be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-XI, Bhagalpur in connection with Pirpainty P.S. Case No. 26 of 2019 subject to the conditions laid down under Section 438(2) of the Cr.P.C. (Arvind Srivastava, J) Brajesh/- U T