Md. Sahamat Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36460 of 2018 Arising Out of PS. Case No.-66 Year-2018 Thana- CHAUTHAM District- Khagaria ====================================================== Md. Sahamat Hussain, Son of Md. Barkat Hussain, resident of VillageFatehpur, P.S.- Gogri, District- Khagaria at present Panchayat Secretary, Gram Panchayat Raj Chautham, P.S.- Chautham, District- Khagaria. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ram Sumiran Rai For the Opposite Party/s :

Mr. Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 28-06-2018 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is apprehending his arrest in connection with Chautham P.S. Case No. 66 of 2018 registered for offences under sections 406 & 409 of the Indian Penal Code.

The matter relates to purchase of solar lamp. An allegation has been made against the petitioner and others to be involved in commission of offence in connection with purchase of solar lamp.

Learned counsel for the petitioner submits that altogether 17 persons had moved before the court below with a prayer for anticipatory bail whose anticipatory bail application

Patna High Court Cr.Misc. No.36460 of 2018(2) dt.28-06-2018 2/2 has been rejected along with the present petitioner vide order dated 25.5.2018 in ABA No. 329 of 2018 but, this Court granted anticipatory bail to them vide order dated 7.6.2018 passed in Cr. Misc. No. 34179 of 2018.

Looking to the entire facts and circumstances of the case, let the petitioner, namely, Md. Sahamat Hussain, in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Khagaria in connection with Chautham P.S. Case No. 66 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also subject to condition that whenever the police will call the petitioner for investigation/interrogation, he will remain present and if he would not present himself, the privilege of grant of anticipatory bail shall be deemed to have been canceled.

(Shivaji Pandey, J) rishi/- U T