Md. Amamuddin Ansari @ Md. Amamuddin v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50472 of 2017 Arising Out of PS.Case No. -22 Year- 2017 Thana -BALUA BAZAR District- SUPAUL ====================================================== Md. Amamuddin Ansari @ Md. Amamuddin, S/o Late Md. Gafruddin, R/o Village- Surjapur, P.S.- Chhatapur, District- Supaul. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Chandra Bhushan Das, Advocate For the Opposite Party/s : Mr. Binod Kumar 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 09-11-2017 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks pre-arrest bail in connection with Balua Bazar (Lalitgram O.P.) P.S. Case No. 22 of 2017 registered under Sections 420, 406 and 409 read with 34 of the Indian Penal Code.
It is submitted by the learned counsel for the petitioner that the petitioner being Panchayat Secretary was not responsible in any manner for purchase of solar light, which was being made by the Mukhiya of the Gram Panchayat. He submitted that so far as installation of the solar light at a different place from the site selected is concerned, it was
Patna High Court Cr.Misc. No.50472 of 2017 (2) dt.09-11-2017 because of the fact that the selected site was inundated due to flood and the alternative site was also selected by the Mukhiya. Learned counsel for the State has opposed the application for grant of pre-arrest bail to the petitioner. Having regard to the submissions made above as also from perusal of the order passed by the learned Sessions Judge rejecting the application for grant of pre-arrest bail to the petitioner that another Panchayat Secretary, Balram Chaudhary, who is a co-accused, has already been granted pre-arrest bail by the learned Sessions Judge himself, in the event of arrest or surrender in the court below within six weeks from today, the petitioner is directed to be released on bail on furnishing bail bond of Rs.
10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Supaul in connection with Balua Bazar (Lalitgram O.P.) P.S. Case No. 22 of 2017 subject to the conditions as laid down under Section 438(2) Cr. P.C. (Ashwani Kumar Singh, J.)