Patna High CourtCR. MISC./868/2023bail granted

Md. Irfan Alam v. The State Of Bihar

2023-04-27Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.868 of 2023 Arising Out of PS. Case No.-93 Year-2020 Thana- KUNDWACHAINPUR District- East Champaran ====================================================== MD. IRFAN ALAM S/O QAMRUL ALAM Resident of village- Agarwa, P.S.- Motihari, District-East Champaran.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Asif Kalim For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-04-2023 Heard learned counsel for the petitioner and the State. Petitioner apprehends his arrest in a case registered for the offence punishable under Section 406, 409 of the Indian Penal Code.

As per the prosecution case, petitioner is alleged to have misappropriated advance money given against Nal Jal Scheme.

Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. It is further submitted that petitioner is a supplier and he has got no concern with the execution of work under the scheme. Moreover, the work has already been carried out and measurement book has also been prepared on 21-11-2019, prior

Patna High Court CR. MISC. No.868 of 2023(5) dt.27-04-2023 2/2 to lodging of the FIR. Measurement book has also been brought on record by the petitioner (annexure-P1 to the supplementary affidavit).

Learned counsel appearing for the State opposes the prayer for anticipatory bail.

Considering the facts of the case and nature of accusation against the petitioner, let the petitioner, above named, in the event of his arrest/ surrender within a period of six weeks from today shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial MagistrateV, Sikrahna at Dhaka, East Champaran in connection with Kundwa Chainpur PS case No. 93/ 2020, subject to conditions laid down u/s 438(2) of the Cr. P. C.

(Prabhat Kumar Singh, J) BKS/- U T