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Patna High CourtCR. MISC./67441/2018bail granted

Meer Asrar Alam v. The State Of Bihar

2018-12-04Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.67441 of 2018 Arising Out of PS. Case No.-95 Year-2017 Thana- THAKURGANJ District- Kishanganj ====================================================== Meer Asrar Alam, S/o Late Meer Samiu Rahman, Resident of VillageMoulane Taiyabpur, P.S.- Thakurganj, District- Kishanganj. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Diwakar Sinha For the Opposite Party/s :

Mr. Sri Rajkishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04-12-2018 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 409, 419, 420, 467, 468, 471 of the Indian Penal Code. The above stated case was lodged against the coaccused Santosh Nayak levelling allegation that he withdrew amount of Rs.3,26,000/- which was to be disbursed between 28 beneficiaries.

The impugned order dated 31.08.2018 passed by the learned Sessions Judge, Kishanganj goes to show that the name of petitioner came in this case in supervision note of Dy. S.P. The learned court below has observed in the aforesaid impugned order that nothing was found against the petitioner during

Patna High Court Cr.Misc. No.67441 of 2018(2) dt.04-12-2018 2/2 course of investigation except supervision note of Dy.S.P. Moreover, it is informed that co -accused Santosh Nayak has already been granted privilege of regular bail by a co-ordinate Bench of this Court vide order dated 22.11.2017 passed in Cr. Misc. No.56289 of 2017.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest / surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs. 10,000/- ( ten thousand)) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kishanganj in connection with Thakurganj P.S.Case No. 95 of 2017 subject to the conditions as laid down under section 438(2) of the Cr. P.C. N.K/- (Hemant Kumar Srivastava, J) U