Md. Mukhtar Ahmad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42406 of 2017 Arising Out of PS.Case No. -4 Year- 2013 Thana -SACHIWALAYA District- PATNA ====================================================== Md. Mukhtar Ahmad, S/O Md. Sahabuddin, Resident of Alamganj narkat Ghat, P.S.- Alamganj, District- Patna.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Sri Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-09-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Sachivalya P.S. Case No. 04 of 2013, registered under Section 379 of the Indian Penal Code.
The accusation is that on 24.12.2012 when the petitioner and Kafil Ahmad, Urdu Typist-cum-incharge Assistant, reached at the office situated in Secretariat then found that some papers were found scattered, while till 21.12.2012, in the evening, that papers were saved, on which, he informed to the informant, Deputy Director (Urdu), about the said incident. Vijay Kumar Lal, Typist-cum-incharge Assistant, who was on leave, since 21.12.2012 to 25.12.2012, when came to the office then on enquiry, informed about
missing of papers regarding ACP of Urdu Translators, Assistant Urdu Translators and Typist.
Learned counsel for the petitioner submits that it would appear from the F.I.R. that the petitioner reached in the office on 24.12.2014 and information was given by him and Kafil Ahmad about scattering of paper. Vijay Kumar Lal when came in office after leave then he informed about missing of papers of ACP relating to Urdu Assistant, Urdu Typist and accordingly F.I.R. was lodged against unknown. But later on, petitioner and Kafil Ahmad, Urdu Typist-cumincharge Assistant have implicated in the present case mere on suspicion by the Investigating Officer. It is further submitted that co-accused, Vijay Kumar Lal, has already been granted privilege of anticipatory bail by this Court vide order dated 19.08.2017 passed in Criminal Misc. No. 39582 of 2017.
Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, 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, Patna, in connection with Sachivalya P.S.
No. 04 of 2013, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) Bhardwaj/- U T