Md. Hasim v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55962 of 2022 Arising Out of PS. Case No.-128 Year-2009 Thana- BARAUNI District- Begusarai ====================================================== Md. Hasim S/O Late Bilayat Hussain Resident of Mohalla- 279 Harun Nagar Sector-2, P.S.- Phulwari Sharif, District- Patna. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajeev Kumar Singh For the Opposite Party/s :
Mr.Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-12-2022 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Section 420 and other allied sections of the Indian Penal Code. As per the prosecution case, this petitioner along with other co-accused persons misappropriated a sum of Rs. 55,44,149.62 which transpired in course of audit. It is submitted that petitioner is not named in the FIR. Name of petitioner transpired during course of investigation. The documents on the basis of which FIR was instituted was of the year 2008-09, whereas petitioner has already superannuated on 30.06.2003 from the post of General Manager-cum-Chief Engineer, Barauni, Thermal Power Station, Begusarai. Petitioner
Patna High Court CR. MISC. No.55962 of 2022(2) dt.22-12-2022 2/2 has been made accused in this case after 5-6 years. Similarly situated co-accused have been granted bail by this Court. Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Barauni P.S. Case No. 128 of 2009, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) vinita/- U T