Md. Arshad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30013 of 2022 Arising Out of PS. Case No.-454 Year-2003 Thana- SASARAM NAGAR District- Rohtas ====================================================== 1.

Md. Arshad S/O Late Md. Arif Ansari Resident Of 301, Haroon Nagar, Section- 2, Phulwari Sharif, P.S.- Phulwari Sharif, District- Patna 2.

Dadan Prasad Singh S/O Late Vindhyachal Singh Resident Of- Ward No. 38, Tar Bungla Dehri, P.S.- Karahgar, District- Rohtas 3.

Lakshman Sao S/O Late Fudan Sao Resident Of House No. 49, VillageMahathu Sarsauli, P.S.- Jamhor, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Deepak Kumar, Advocate For the Opposite Party/s :

Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-10-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 409, 420, 467 and 468/34 of the Indian Penal Code.

Allegedly, it is a case of embezzlement of government fund by the accused persons including the petitioners. It is submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in this case. He further submits that petitioner no.1 Md. Arshad was posted as Assistant Engineer, whereas petitioner nos. 2 and 3 were posted as Junior Engineer respectively and they have already retired from the Road

Patna High Court CR. MISC. No.30013 of 2022(2) dt.18-10-2022 2/2 Construction Division, Dihri. He further submits that the matter was investigated by Technical Examiner Cell of Cabinet Department and on the basis of its report, petitioners were put on suspension, charges were framed and departmental proceeds were initiated. In the departmental proceedings, none of the charges could be proved and ultimately petitioners were exonerated. He further submits that similarly situated co-accused has been granted anticipatory bail by this Court passed in Cr. Misc. No. 68508 of 2021. Petitioners have clean antecedent.

Learned APP appearing for the State has opposed the prayer for anticipatory bail.

Considering the aforesaid submissions, let the petitioners, above named in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory 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 CJM, Rohtas at Sasaram in connection with Sasaram Town P.S. Case No. 454 of 2003, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) Brajesh Kumar/- U T