Md. Raza v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51460 of 2023 Arising Out of PS. Case No.-471 Year-2022 Thana- LALGANJ District- Vaishali ====================================================== Md. Raza, Son of Md. Chand Babu @ Md. Chand Village Shahpur Kasim P.S. Lalganj District Vaishali ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Ms. Bela Singh, Advocate For the Opposite Party/s :
Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 23-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Lalganj P.S. Case No. 471 of 2022 registered for the offences punishable under Sections 409, 420 and 34 of the Indian Penal Code.
3. The informant alleges that petitioner along with other named accused persons misappropriated Rs. 9,14,100 under Jal Nal Scheme of Chief Minister Saat Nischay Yojana.
4. Learned counsel for the petitioner submits that petitioner is innocent, committed no offence and has falsely been implicated in this case. He further submits that Junior Engineer vide letter No. 10 of 2023 dated 30.03.2023 has already issued the certificate showing that there is no dues or
Patna High Court CR. MISC. No.51460 of 2023(2) dt.23-08-2023 2/2 pending work and the work assigned to the petitioner has already been completed. The petitioner has no criminal antecedent. Similarly situated co-accused person, namely, Nutan Devi @ Sachin Nutan has been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 02.08.2023 in Criminal Miscellaneous No. 40448 of 2023.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of his arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate -II, Vaishali at Hajipur in connection with Lalganj P.S. Case No. 471 of 2022, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.
(Sunil Dutta Mishra, J) saurabhkr/- U T