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Patna High CourtCR. MISC./79548/2023allowed

Belal @ Mohammad Belal v. The State Of Bihar

2023-12-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79548 of 2023 Arising Out of PS. Case No.-166 Year-2022 Thana- JOKIHAT District- Araria ====================================================== Belal @ Mohammad Belal S/O Late Mahfooz R/O Village- Daulatpur Ward No. 02 Panchayat Dubba, P.S- Jokihat, Distt.- Araria. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Rana For the Opposite Party/s :

Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 420, 409, 467, 468/34 of the Indian Penal Code.

3. As per prosecution case, the petitioner is ward secretary of war no.2 of Dubba Panchayat who along with others are said to have been committed financial irregularities in Prime Minister Gramin Awas Yojana.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is also submitted vide para 12, & 13 of the petition that there is no role of ward secretary (petition) of Panchayat in Prime Minister Awas

Patna High Court CR. MISC. No.79548 of 2023(2) dt.11-12-2023 2/2 Yojana (Rural) hence, he has no way concerned in this case. The beneficiaries have received the said amount in their bank account which was wrongly transferred in the account of others and who have returned the said amount and they have also given the application before B.D.O. Jokihat. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition and he is languishing in judicial custody since 28.9.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Jokihat P.S. Case No. 166 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM Araria.

(Sunil Kumar Panwar, J) Amandeep/- U T