Md. Azizur Rahman Kasmi @ Md. Azizur Rahman Kasmin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63675 of 2017 Arising Out of PS. Case No.-208 Year-2017 Thana- BANMANKHI District- Purnia ====================================================== Md. Azizur Rahman Kasmi @ Md. Azizur Rahman Kasmin S/o Hikmat Ali, R/o Village- Darzi Patti, Ward No. 10, Banmankhi, P.S.- Banmankhi, DistrictPurnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijendra Kumar Singh For the Opposite Party/s :

Dr. Rabindra Kumar APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 12-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Banmankhi P.S. case no. 208 of 2017 instituted for the offence under Section(s) 406 and 409 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that petitioner has retired as head Moulvi in the year 2013. He was posted as Moulvi in Nomaniya, Banmankhi Madarsa since 1975 to December 2013 levelling allegation that when the documents have been demanded from the retired head Moulvi ( petitioner) he did not give those documents to the Incharge. It is further alleged that altogether Rs. 12,93,150/-(Twelve Lakh, Ninety Three Thousand and One Hundred Fifty) has been misappropriated.

Learned counsel for the petitioner has produced the document

Patna High Court Cr.Misc. No.63675 of 2017(3) dt.12-02-2018 2/2 issued from the present head Moulvi of the Madarsa wherein it has been mentioned that petitioner had handed over charge in the year 2013 along with various registers and documents as mentioned in the aforesaid letters. Let the document be retained on file. In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Banmankhi P.S. case no. 208 of 2017, he shall be released on anticipatory 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 A.C.J.M. 1st, Purnea, subject to the conditions as laid down under Section 438(2) Cr. P. C.

with further conditions:(1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.