Rashid Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 49495 of 2022 Arising Out of PS. Case No.-4 Year-2021 Thana- GURUA District- Gaya ====================================================== RASHID KHAN Son of Jahangir Khan R/V- Sihuli, P.S - Amas, Dist. - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rashid Izhar, Advocate For the Opposite Party/s :

Mr. Parmeshwar Mehta, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-06-2023 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, 409, 420 and 120(b) of the Indian Penal Code.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent. The informant alleges that the water tank constructed by the petitioner in village Baitha Tola under Gram Panchayat Paluhara collapsed.

Learned counsel for the petitioner submits that petitioner is the contractor and he constructed the tank as per specification thereafter an inspection of the same was done by the authorities, it is only then the money was released. It is further submitted that had the petitioner used the substandard

Patna High Court CR. MISC. No. 49495 of 2022(6) dt.23-06-2023 2/2 material in construction of the tank then definitively the authorities would not have released the money. It is next submitted that the said tank was constructed under the Mukhyamantri Nal Jal Yojana Bihar. It is also submitted that the petitioner will not abscond rather will cooperate in the investigation and will present himself as and when required by the investigating officer of the case for eliciting the truth. 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 Gurua P.S. Case No. 04 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T