Md. Danish Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66612 of 2022 Arising Out of PS. Case No.-200 Year-2022 Thana- JHAJHA District- Jamui ====================================================== MD. DANISH ALAM S/o Md. Shahjahan R/o Mahisouri Road, Near Chhoti Masjid, P.S. and Distt- Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satya Prakash Parasar, Adv.

For the Opposite Party/s :

Mr.Gauri Shankar Gupta, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-04-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 409 and 420/34 of the Indian Penal Code.

Allegedly, petitioner along with other accused is said to have misappropriated the government money.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. It has been further submitted that petitioner has not defalcated any government money. He further submits

Patna High Court CR. MISC. No.66612 of 2022(6) dt.21-04-2023 2/3 that the allegation against the petitioner only pertains to the mismatch of the voucher. Even at the time of joining at Jhajha Anchal in June, 2016 there were vouchers of some excess amount. It is further submitted that the vouchers which were remained un-posted before the joining of the petitioner at the concerned office has been carried forward. The person who joined at the place of the petitioner on the post of Nazir did not raise any complaint about the misappropriation of the government money. During the course of investigation, it came to light that the government money in the account of Anchal Office, Jhanjha was found excess in comparing to posted voucher, hence there is no case of misappropriation of the government money. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, 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

Patna High Court CR. MISC. No.66612 of 2022(6) dt.21-04-2023 3/3 with Jhajha P.S. Case No. 200 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T