Ozair Ahmad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35058 of 2023 Arising Out of PS. Case No.-17 Year-2021 Thana- BHORE District- Gopalganj ====================================================== Ozair Ahmad Son Of Md Sohail Resident Of Village- Ward No. 32, Gali No. 01, Near Zila School, Aggarwa, PO And PS- Motihari, Distt- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pritish Ranjan For the Opposite Party/s :
Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-08-2023 Heard learned counsel for the petitioner and learned counsel for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 409, 420, 467, 468, 471 and 120(B) of the Indian Penal Code.
3. As per the prosecution case, petitioner in collusion with co-accused persons misappropriated an amount of Rs. 27.4216 lacs allotted for different schemes under MANREGA.
4. It is submitted that petitioner at the relevant time was Executive Engineer, MANREGA and his service is on contract basis. Petitioner is not authorized to sign independently on any development work. There is joint signature of Mukhiya and Rojgar Sewak on the work order. Petitioner has not done any fraudulent signature on any work order. It is further
Patna High Court CR. MISC. No.35058 of 2023(5) dt.17-08-2023 2/2 submitted that the D.R.D.A. ordered to recover the defalcated amount of Rs. 68,544/- from the petitioner and the petitioner has already deposited the said amount on 19.08.2021. Petitioner has already been reinstated in his service vide memo no. 19/15 on 28.12.2021 issued by the District Magistrate, Gopalganj vide Annexure-8. Petitioner claims clean antecedents.
5. Considering the facts aforesaid, the petitioner above-named, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Gopalganj in connection with Bhore P.S. Case No. 17 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) vinita/- U T