Md. Ashfaque v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70522 of 2019 Arising Out of PS. Case No.-171 Year-2019 Thana- BASOPATTI District- Madhubani ====================================================== Md. Ashfaque Son of Late Abdul Gafoor Resident of Village- Balkatwa, Panchayat Basopatti, East, Police Station- Basopatti, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abdul Wadood For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-12-2019 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Basopatti P.S. Case No. 171 of 2019 arising out of C.R.I. No. 1378 of 2019 for the offences punishable under Sections 467, 468, 471, 472, 420, 409, 406 and 120(B) of the Indian Penal Code.

The allegation is regarding illegal appointment having been made by the co-accused, who is the Incharge Headmistress of the Primary School in question and consequently payment of salary is alleged to have been made illegally. It is also alleged that a cheque of Rs. 15,000/- was given illegally to the petitioner herein.

The learned counsel for the petitioner submits that the Incharge Headmistress had secured appointment of her husband,

Patna High Court CR. MISC. No.70522 of 2019(2) dt.04-12-2019 2/2 namely, Shambhu Kumar Thakur, however, as far as the petitioner is concerned, he was never appointed in the school in question, hence it cannot be said that the petitioner has obtained any appointment fraudulently. It is further submitted that the petitioner is having a clean antecedent and is languishing in custody since 01.09.2018. Lastly, it is submitted that the main accused Ranju Kumari has already been granted the privilege of anticipatory bail by a co-ordinate Bench of this Court by an order dated 23.10.2019 passed in Cr. Misc. No. 63671 of 2019. Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be enlarged on regular bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-V, Madhubani in connection with Basopatti P.S. Case No. 171 of 2019, arising out of C.R.I. No. 1378 of 2019.

(Mohit Kumar Shah, J) Tiwary/- U T