Md. Zafar Kaifi Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57322 of 2021 Arising Out of PS. Case No.-78 Year-2021 Thana- GURARU District- Gaya ====================================================== MD. ZAFAR KAIFI ANSARI S/o Md. Shahzada Qumruzzama Resident of Ward No. 4, at Mananpur, Andharbari, Village- Anand Bigha, P.O. and P.S.- Andharbari, District- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Ranjan, Advocate For the Opposite Party/s :

Mr. Parmeshwar Mehta, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-07-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 406, 420, 467 and 468 of the Indian Penal Code.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent. The informant alleges that work under MANREGA Scheme was completed in Baroh Panchayat in Guraru Block through JCB machine in violation of MANREGA Scheme, accordingly, the District Magistrate has directed lodging for an FIR against the accused persons including the petitioner who were responsible for execution and implementation of MANREGA Scheme.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.57322 of 2021(2) dt.11-07-2022 2/2 petitioner has been falsely implicated in the present case without holding any proper inquiry and the petitioner was not given any opportunity to explain his case. It is next submitted that petitioner is the Programme Officer and his duty is to monitor the work, hiring the labour for work and to make payment on time to the labourer. It is next submitted that even the inquiry report does not conclusively hold that the work was done by a JCB Machine. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Guraru P.S. Case No. 78 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Kundan/- U T