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Patna High CourtCR. MISC./49162/2018bail granted

Naiyyar Azam @ Md. Naiyyar Azam v. The State Of Bihar

2018-09-24Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49162 of 2018 Arising Out of PS.Case No. -45 Year- 2018 Thana -DAGARUA District- PURNIA ======================================================

1. Naiyyar Azam @ Md. Naiyyar Azam, Son of Late Imarat Karim, R/o Village- Sajjau Colony, P.S.- K. Hat, Distt- Purnea. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Harsh Singh, Adv For the Opposite Party/s : Mr. Sri Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 24-09-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 409,420,467,468,471,120(B)/34 of the Indian Penal Code. Allegation is that the authorities including the petitioner were involved in irregularity and embezzlement in flood relief of 2017. Considering the material on the record, the B.D.O. has already been allowed anticipatory bail by a Coordinate Bench of this Court vide Annexure-7. Petitioner was head clerk at the relevant time. Submission is that no material has come on the record to substantiate the allegation.

Let the petitioner, above named, in the event of

Patna High Court Cr.Misc. No.49162 of 2018 (2) dt.24-09-2018 2/2 his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000 (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Dagarwa P.S.Case No.45 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and both bailors shall be resident of territorial jurisdiction of the learned court below and further the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Nitesh/- U T