Patna High CourtCR. MISC./1836/2016rejected

Mukhia Imran Sabir @ Md. Imran Sabir @ Imran Sabir v. The State Of Bihar

2016-04-11Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1836 of 2016 Arising Out of PS.Case No. -326 Year- 2015 Thana -JOKIHAT District- ARRARIA ====================================================== Mukhia Imran Sabir @ Md. Imran Sabir @ Imran Sabir S/o Safiruddin Panchayat Gairki Masuriya Block Jokihat, District- Araria permanent Address: Resident of Village- Bageshwari, P.S. Jokihat, District- Araria. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Anil Prasad Singh, Advocate For the Opposite Party/s : Smt. Sahin Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 11-04-2016 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the complainant on whose complaint inquiry was made and the FIR was instituted. The petitioner seeks pre-arrest bail in connection with Jokihat P. S. Case No. 326 of 2015 registered under Sections 467, 468, 471, 420, 409/34 of the Indian Penal Code. It is contended that the petitioner is innocent and implicated in this case falsely. The allegations made in the FIR are vague and physical verification of the execution of the contract work was made after eight years of the occurrence. On the other hand, learned counsel for the State has submitted that the allegation is of defalcation of the government

Patna High Court Cr.Misc. No.1836 of 2016 (3) dt.11-04-2016 2/2 money in execution of different schemes.

Learned counsel for the original-complainant has submitted that the statements made in para-3 of the present application are not correct. Apart from five other cases mentioned therein, the petitioner is an accused in several other cases. He has produced FIRs of two cases, i.e., Jokihat P. S. Case No. 225 of 2014 and Jokihat P. S. Case No. 180 of 2011 in which also the petitioner has been made named accused. Regard being had to the antecedent of the petitioner as also the allegations made in the FIR, I am not inclined to grant him pre-arrest bail. Accordingly, his prayer for grant of prearrest bail is rejected. (Ashwani Kumar Singh, J.) Kanchan/- U T