Md. Israil v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43232 of 2016 Arising Out of PS.Case No. -48 Year- 2016 Thana -BASOPATTI District- MADHUBANI ====================================================== Md. Israil, son of late Abdul Hakim, resident of Village- Hathapur, P.S.- Basopatti, District- Madhubani.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Thakur, Advocate Mr. Malay Kumar Choudhary, Advocate For the Opposite Party/s : Mr. Sri Binod Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 25-10-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Basopatti P.S. Case No. 48 of 2016, disclosing offences under Sections 420, 406 and 409 of the Indian Penal Code. Learned counsel for the petitioner appears to be right in his submission that the written report of the Block Development Officer, which is the basis for registration of the First Information Report, does not make out specific case of commission of an offence under Sections 406/409 of the Indian Penal Code. He has rightly submitted that there is vague allegation of irregularities committed in purchase of solar lights in Hathpur Parsa Gram

Patna High Court Cr.Misc. No.43232 of 2016 (2) dt.25-10-2016 2/2 Panchayat of which the petitioner was Mukhiya during the period 2001 to 2011.

Considering the submissions as above, this application is allowed.

Let the petitioner, above-named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-I, Madhubani in connection with Basopatti P.S. Case No. 48 of 2016, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Vats/-c U T