Md Shamim Azad @ Shamim Azad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41657 of 2024 Arising Out of PS. Case No.-376 Year-2023 Thana- ARARIA District- Araria ====================================================== Md Shamim Azad @ Shamim Azad S/o Md. Usman Posted at Clerk in DLAO Office, Araria, R/o Village-Dharhara, Ansari Tola, Ward No.8, P.S.- Banmankhi, District-Purnia.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gopal Kumar Jha For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Araria P.S. Case no. 376 of 2023 instituted for the offence under Sections 467, 468, 420/34 of the Indian Penal Code. Allegation against the petitioner and other co-accused persons is that they misappropriated the compensation amount of house owners by preparing a forged stamp paper in the name of the informant.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. The petitioner is a

Patna High Court CR. MISC. No.41657 of 2024(2) dt.20-06-2024 2/2 Government employee working as a clerk in the office of the district Land Acquisition Office, Araria and he has no concern with the alleged offence. It is further submitted that as per written report of district Land Acquisiton Officer, Araria, it is stated that the allegation of the informant is baseless. Moreover, similarly situated several co-accused persons have been granted bail by this Court as well as co-ordinate Bench of this Court. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Araria P.

S. Case no. 376 of 2023, he will be enlarged 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 learned Chief Judicial Magistrate, Araria subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Nirajkrs/- U T