Naushad Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87083 of 2024 Arising Out of PS. Case No.-209 Year-2024 Thana- CHHAURADANO District- East Champaran ====================================================== Naushad Alam S/o Aklu Miya R/o Village- Khairwa, P.S.- Chhauradano, District- East Champaran, Motihari ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Kumar, Adv.
For the Opposite Party/s :
Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-12-2024 Heard the parties.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 408, 409 and 420/34 of Indian Penal Code.
3. The allegation against the petitioner is that this petitioner and other co-accused persons have embezzled 299.50 M.T. paddy which was total of Rs.65,38,085/-.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that petitioner has not committed breach of trust or forgery and cheating. He further submits that the petitioner has one criminal antecedent as stated in para-3 of the bail application.
5. Learned counsel for the State vehemently opposed
Patna High Court CR. MISC. No.87083 of 2024(2) dt.18-12-2024 2/2 the bail application.
6. Considering the facts and circumstances of the case and the fact that it is civil/money dispute between the parties, let the above named petitioner, be released on provisional bail for a period of nine months. The petitioner is directed to return 25% of Rs.65,38,085/- to Khairwa PACS, Chhauradano Block. 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 with Chhauradano P.S. Case No. 209 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
7. Learned Court below is directed to confirm the provisional bail of the petitioners after returning the aforesaid amount to the informant within a period of six months. (Anjani Kumar Sharan, J) Suruchi/- U T