Maksud Alam @ Maksud Azam Chisti @ Maquasud Alam @ Maquasud Azam Chisty v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46306 of 2019 Arising Out of PS. Case No.-485 Year-2018 Thana- KARAHGAR District- Rohtas ====================================================== MAKSUD ALAM @ MAKSUD AZAM CHISTI @ MAQUASUD ALAM @ MAQUASUD AZAM CHISTY, son of Mahmood Alam, Resident of VillageSenduar, P.O.- Nonsari, Panchayat Senduar, P.S.- Kargahar (Badahari O.P.), Distt- Rohtas (Sasaram) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Mohan Jha For the Opposite Party/s :

Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 26-07-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Kargahar (Badahari O.P.) P.S. Case No. 485 of 2018, disclosing the offence under Sections 420, 406, 34 of the Indian Penal Code.

Petitioner is said to have availed benefit under Indira Awas Yojna by receiving amounts from the State for construction of a housing unit which he did not construct and, thus, he is said to have misappropriated the Government money. It has been stated in paragraph-6 of the application that the construction of the house is now complete. Considering the statement made in paragraph-6 of the

Patna High Court CR. MISC. No.46306 of 2019(2) dt.26-07-2019 2/2 application, the same is allowed. Let the petitioner, abovenamed, in the event of his arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand) with two sureties of the like amount to the satisfaction of the learned ACJM-XI, Rohtas at Sasaram in Kargahar (Badahari O.P.) P.S. Case No. 485 of 2018, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the Police/ Court, as the case may be, as and when required and in the event of failure on his part to appear before the court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

It is, however, indicated that is it is brought to the notice of the Court that the statement made in paragraph 6 of the application is incorrect at any point of time, the Court will consider cancelling the petitioner's bail bond. (Chakradhari Sharan Singh, J) Rajesh/- U T