Gulam Rasul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54619 of 2015 Arising Out of PS.Case No. -117 Year- 2012 Thana -KADWA District- KATIHAR ====================================================== Gulam Rasul S/o Late Insa Mian Resident of Village - Ahmadpur (Ufrail), P.S. - Kadwa, District - Katihar.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Ataur Rahman For the Opposite Party/s : Mr. Md. Sufiyan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 02-12-2015 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 406, 420 and 409 of the Indian Penal Code.

The Block Development Officer, Kadwa lodged the present First Information Report on the direction of the District Magistrate, Katihar alleging therein that in violation of the norms of 13th Finance Commission the petitioner being the Panchayat Mukhiya and the Panchayat Secretary purchased solar lights.

It is submitted by learned counsel for the petitioner that even assuming the accusation made in the FIR it simply talks about irregularity. Co-accused challenged the order

Patna High Court Cr.Misc. No.54619 of 2015 (2) dt.02-12-2015 2/2 of Collector for proceeding without show cause in C.W.J.C. No. 3673 of 2012 when it has been observed by this Court that administration ought not have proceeded without issuance of show cause.

Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Katihar in connection with Kadwa P.S. Case No. 117 of 2012, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/- U T