Md. Mintullah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51598 of 2015 ====================================================== Md. Mintullah son of Md. Moinuddin Khan resident of village - Parasbanna, P.O. - Shahpur - Majhaul, P.S. - Nauhatta, District - Saharsa. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Mishra, Advocate For the Opposite Party/s : Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-02-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Bihra P.S. Case No. 199 of 2013 instituted for the offences punishable under Sections 409, 381 and 120(B) of the Indian Panel Code.

As per prosecution case, the informant has alleged that the petitioner was Incharge of Barahsher Panchayat and he has misappropriated Government money with ill motive. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. The petitioner has been made accused due to mistake of fact. It has further been submitted that there was an allegation of defalcation of public money by the petitioner for which F.I.R. was instituted and departmental

Patna High Court Cr.Misc. No.51598 of 2015 (3) dt.10-02-2016 2/2 proceeding was also initiated against him. The petitioner has been exonerated from the charges vide Annexure-3.

On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, the petitioner has been exonerated from the departmental proceeding for the same charges, let the above named petitioner, in the event of his arrest or surrender in the court below within a period of six weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saharsa in connection with Bihra P.S. Case No. 199 of 2013, on subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J.) ajaypd./- U T