Motiur Rahman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58717 of 2017 ====================================================== Motiur Rahman S/o Late Abdul Majid Resident of village- Basantpur Malikan, P.S.- Karja, District- Muzaffarpur .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar @ S.K., Advocate For the Opposite Party/s : Mr. Anuj Kumar Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 12-12-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Karja P.S. Case No. 130 of 2016 registered under Sections 468, 406, 409, 420 and 120B of the Indian Penal Code. It is submitted by the learned counsel for the petitioner that due to animosity, one Rajeev Ranjan made allegation that while the petitioner was Mukhiya under scheme no.4/96-97, solar lamp was purchased at the rate much higher than the existing rate in the market. He submitted that the allegation made in the first information report is neither based on

Patna High Court Cr.Misc. No.58717 of 2017 (2) dt.12-12-2017 any market survey or verification by any officer. Learned counsel for the State opposed the application for grant of pre-arrest bail to the petitioner. Considering the nature of allegation, in the event of arrest or surrender in the court below within six weeks from today, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Muzaffarpur in connection with Karja P.S. Case No. 130 of 2016 subject to the conditions as laid down under Section 438(2) Cr. P.C.

(Ashwani Kumar Singh, J.) Sanjeet/- U T