Shah Faisal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70722 of 2021 Arising Out of PS. Case No.-13 Year-2021 Thana- THAWE District- Gopalganj ====================================================== 1.

SHAH FAISAL S/o Late Reyzul Rahman Chairman of Ward No. 5, Jagmalwa Gram Panchayat Raj Jagmalwa, P.S.- Thawe, District- Gopalganj. 2.

Arman Ali S/o Mehandi Hasan Ward Secretary of Ward No. 5, Jagmalwa Gram Panchayat Raj, Jagmalwa, P.S.- Thawe, District- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Pratap Singh, Advocate For the Opposite Party/s :

Mr.Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-08-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 406, 420, 409, 34 and 120(B) of the Indian Penal Code.

Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent, they are Chairman and Secretary of Ward No. 5 of Jagmalwa Gram Panchayat and it is alleged that the work allotted to the accused persons, including the petitioners, under Mukhya Mantri Sat Nischay Yojana was not completed.

Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case, it is

Patna High Court CR. MISC. No.70722 of 2021(2) dt.01-08-2022 2/2 next submitted that from perusal of the impugned order it would manifest that it is recorded that the work was completed after the lodging of the F.I.R. as such the learned trial court was not persuaded to grant anticipatory bail to the petitioners, it is next submitted that co-accused Ravindra Nath Shukla, the Panchayat Sachiv of the aforesaid Gram Panchayat, has been granted anticipatory bail by the learned trial court vide order dated 22.02.2022 in A.B.P. No. 2742 of 2021.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each 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 Thawe (Gopalganj) P.S. Case No. 13 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Rishi/- U T