Zawed Akhtar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31125 of 2022 Arising Out of PS. Case No.-231 Year-2021 Thana- DARAUNDA District- Siwan ====================================================== Zawed Akhtar, aged about 25 years, male, Son of Mannan Sheikh Resident of Village- Bal Bangra, P.S.- Daraunda, District- Siwan. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Yogesh Chandra Verma, Sr. Advocate Ms. Kumari Anupam, Advocate For the Opposite Party/s :
Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 05-09-2023 Heard learned senior counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Daraunda P.S. Case No. 231 of 2021 dated 12.08.2021 instituted under Sections 406 and 420 of the Indian Penal Code.
3. As per the prosecution case, Rs. 14 lakhs was paid to the petitioner for doing work under the Mukhyamantri Gramin Jal Nal Yojna but the work remained pending and the petitioner is not ready to complete the work despite panchayati and wants to embezzle the money under the said Yojna.
4. Learned senior counsel for the petitioner submits that the petitioner has falsely been implicated in this case due
Patna High Court CR. MISC. No.31125 of 2022(4) dt.05-09-2023 2/2 to political rivalry and he has completed the work assigned to him. In this regard, he has filed supplementary affidavit stating that after completion of work and being satisfied by the work, the Junior Engineer of the project has filed his measurement Book of Rs. 13,95,000/-. The petitioner has no criminal antecedent.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Siwan in Daraunda P.S. Case No. 231 of 2021, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.
(Sunil Dutta Mishra, J) P. Kumar U T