Md. Amzad Ali @ Amzad Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39652 of 2022 Arising Out of PS. Case No.-139 Year-2017 Thana- ARIYARI District- Sheikhpura ====================================================== MD. AMZAD ALI @ AMZAD ALI Son of Late Md. Taiyab Resident of Village - Nabi Nagar, Kakrar, P.S.- Ariyari, District - Sheikhpura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Fazal Rahman For the Opposite Party/s :

Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 10-01-2023 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month. Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner apprehends his arrest in connection with Ariyari P.S. Case No. 139 of 2017 registered for offence punishable under sections 406, 409, 420, 467, 468, 471/34 of the Indian Penal Code.

As per allegation, in collusion with the petitioner, who is Post Master of Nabinagar Kakrar Post Office, the government money of MANREGA was withdrawn illegally by making forged thumb impression from the fake accounts.

The learned counsel for the petitioner has submitted that the petitioner is merely Post Master and there is nothing on the record, which shows that he was involved in impersonating the

Patna High Court CR. MISC. No.39652 of 2022(3) dt.10-01-2023 2/2 accused persons in whose names forged account was opened. In the worst case, the petitioner may be said to be negligent towards his work, but it does not attract criminal liability. On the other hand, the learned APP has opposed the prayer for bail.

Considering the above-mentioned facts and circumstances, the petitioner above-named, in the event of his arrest or surrender, within four weeks from today, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheikhpura in connection with Ariyari P.S. Case No. 139 of 2017, subject to condition as laid down under section 438(2) Cr. P.C.

Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Mahesh/- U T