Md. Usman Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57840 of 2018 Arising Out of PS. Case No.-257 Year-2017 Thana- AKBARPUR District- Nawada ====================================================== Md. Usman Ali, Son of Late Rasid Mia, Resident of Village- Runipur, P.S.- Akbarpur, District- Nawada.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Pramod Kumar Verma, Advocate For the Opposite Party/s :

Mr. Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 20-09-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody since 04.07.2018 in connection with Akbarpur P.S. Case No. 257 of 2017 for the offence registered under Sections 419,420,467,468,409/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the main allegation is against the Panchayat Secretary and his wife, who is the Mukhiya and of the concerned Panchayat namely Gram Panchayat Makhar under Akbarpur Block. It is further submitted that the allegation is that the Mukhiya as well as Panchayat Secretary together under their own joint signature withdrew an amount of Rs. 66,60,000/- from the account of Gram Panchayat bearing A/c no. 72910100049195 from

Patna High Court Cr.Misc. No.57840 of 2018(2) dt.20-09-2018 2/2 Madhya Bihar Gramin Bank, Branch Makhar. It is further submitted that so far as the allegations against the two who were concerned are being investigated and as on date the Panchayat Secretary namely Makhar, has been extended the privilege of bail by a coordinate Bench of this Court vide order date 01.08.2018 passed in Cr. Misc. No. 7785 of 2018. Learned counsel for the petitioner submits that there is no allegation leveled against the present petitioner save and except that he happens to the husband of the Mukhiya namely Smt. Sahima Khatoon and that no allegation has been attributed to him in the entire FIR. The petitioner has got no criminal antecedent.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, 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 Additional Chief Judicial Magistrate, 1st, Nawada, in connection with Akbarpur P.S. Case No. 257 of 2017.

(Anjana Mishra, J) khushbu/- U T