Firoj @ Md. Firoj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53664 of 2022 Arising Out of PS. Case No.-114 Year-2022 Thana- BISFI District- Madhubani ====================================================== FIROJ @ MD. FIROJ S/o Late Anavarul @ Anbarul Ex-Mukhiya of Panchayat Raj Raghepura Ward No. 12, P.S.- Bisfi (Patuna), Benipatti, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.N.K. Agrawal, Sr. Adv.

Mr. Saban Asghar Mr. Sarfraz Ahmad For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 31-01-2023 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.

Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner apprehends his arrest in connection with Bisfi (Patauna) P.S. Case No. 114 of 2022, registered for the offences punishable under Sections 406, 420 of the Indian Penal Code.

As per allegation, the petitioner, who was Mukhiya of the village, has not given the entire money to 11 beneficiaries detailed in the FIR and part of that money was kept by the

Patna High Court CR. MISC. No.53664 of 2022(2) dt.31-01-2023 2/3 petitioner.

The learned senior counsel for the petitioner has submitted that the FIR was lodged after four months after end of the tenure of the petitioner, when he lost the election. He has submitted further that seven beneficiaries have stated in paragraph nos. 53 to 59 of the case diary that they did not complain against the petitioner.

Considering the above-mentioned facts and circumstances as well as the fact that the beneficiaries themselves have stated that they did not complain against the petitioner, let the petitioner above-named, in the event of his arrest or surrender, within four weeks from today, be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-Ist Benipatti, Madhubani in connection with Bisfi (Patauna) P.S. Case No. 114 of 2022, subject to condition as laid down under section 438(2) Cr. P.C. Further condition is that on commencement of the trial, the petitioner shall appear physically on each and every date till conclusion of the trial. His failure for two consecutive dates shall cancel his bail bond. Office shall ensure that all defects are removed by the

Patna High Court CR. MISC. No.53664 of 2022(2) dt.31-01-2023 3/3 petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) nirmal/kundan U T