Md. Atiullah @ Atiullah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38636 of 2018 Arising Out of PS.Case No. -205 Year- 2015 Thana -TURKAULIYA DistrictEASTCHAMPARAN (MOTIHARI) ====================================================== MD. ATIULLAH @ ATIULLAH, S/o Md. Khalil, R/o Vill.- Mahui Devraj, P.S.- Ramnagar, District- West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s : Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 31-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Turkauliya (Banjariya) P.S. Case No.205 of 2015 instituted for the offence under Section(s) 406, 409, 420, 467, 468, 471 &120(B) Indian Penal Code.

Counsel for the petitioner submits that petitioner was posted as Junior Engineer as will appear from the written report itself. Work of the petitioner was to prepare estimate and after completion of work he has to enter about the work done in Measurement Book and also to check quality of the work. He has no role in opening the accounts in Post Office and issuing Job Cards. It is the job of Mukhiya and Panchayat Sewak.

Patna High Court Cr.Misc. No.38636 of 2018 (3) dt.31-08-2018 2/3 Learned counsel for the petitioner further submits that it is mentioned in the impugned order that co-accused Raubja Khatoon (Mukhiya), her husband, Ash Mohammad Mian @ Ash Mohammad, and Babu Sah (Post Master) have already been granted anticipatory bail by coordinate Bench of this Court vide order dated 16.12.2015 passed in Cr. Misc. No.55261 of 2015. In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Turkauliya (Banjariya) P.S. Case No.205 of 2015, he shall be released on anticipatory bail on furnishing bail bond of Rs.

10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, East Champaran at Motihari, subject to the conditions as laid down under Section 438(2) Cr. P. C.

(2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will

Patna High Court Cr.Misc. No.38636 of 2018 (3) dt.31-08-2018 3/3 be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) JA/- Rohit Kr.

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