Md. Aslam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57495 of 2022 Arising Out of PS. Case No.-335 Year-2022 Thana- JOKIHAT District- Araria ====================================================== MD. ASLAM Son of Late Mohammad Hasim R/V- Dumariya ward no- 06, P.S- Mahalgaon, Dist- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Ziaul Quamar For the Opposite Party/s :

Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-01-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 406, 420/34 of the IPC. Allegedly, the petitioner through committing fraud taken benefits of Pradhan Mantri Gramin Awas Yojana. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to grudge. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. It is further submitted that petitioner is ready to return the said amount of Rs.1,20,000/- to the concerned Department/Authority in two installments.

Patna High Court CR. MISC. No.57495 of 2022(2) dt.03-01-2023 2/2 Petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, since petitioner is ready to return the said amount, let the above named petitioner, be released on provisional bail for six months, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Jokihat (Mahalgaon) P.S. Case No.335 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

The provisional bail of the petitioner shall be confirmed by the learned court below itself after showing the receipt of deposit/payment of Rs.1,20,000/- in the concerned department. (Anjani Kumar Sharan, J) pallavi/- U T