Gulam Nabi Azad @ Md. Gulam Nabi Azad And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6471 of 2017 Arising Out of PS.Case No. -39 Year- 2016 Thana -DARBHANGA District- DARBHANGA ======================================================

1. Gulam Nabi Azad @ Md. Gulam Nabi Azad, Son of late Md. Jahid Hussain Resident of Village- Dhurwar, P.O. +P.S.- Parsauni, DistrictSitamarhi.

2. Baidyanath Prasad Gupta Son of late Deo Lal Sah Resident of VillageMahdeva, P.O.- Kariyut, P.S. Laukhi, District-Madhubani. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Pramod Mishra For the Opposite Party/s : Smt. Pronati Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 08-05-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Darbhanga Town P.S. Case no. 39 of 2016 registered under Sections 406, 408, 468 and 471 of the Indian Penal Code. The accusation is that on inquiry it was found that manipulation was made in mutation with respect to Khesara No. 1146, Khata No. 387 of village-Mohammadpur for which record was made available by Deepak Kumar, who was posted as Assistant of District Record Room, Darbhanga.

Learned counsel for the petitioners submits that it would appear from the F.I.R. that on the basis of written report of Assistant Settlement Officer, Darbhanga, Darbhanga Town P.S. Case no. 39 of

Patna High Court Cr.Misc. No.6471 of 2017 (4) dt.08-05-2017 2/2 2016 registered under Sections 406, 408, 468 and 471 of the Indian Penal Code against Dipak Kumar, the then Assistant of the Record Room, which is the basis of the F.I.R. and only suspicion has been raised against the petitioner being posted in record room. Further submission is that Deepak Kumar has already been enlarged on anticipatory bail on 02.08.2016 passed in Criminal Miscellaneous No. 19539 of 2016.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Darbhanga in connection with Darbhanga Town P.S. Case No. 39 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Rajendra Kumar Mishra, J) manish/- U T