Immamuddin @ Md. Ammamuddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70214 of 2018 Arising Out of PS. Case No.-155 Year-2018 Thana- CHARPOKHARI District- Bhojpur ====================================================== Immamuddin @ Md. Ammamuddin S/o Haider Ali, Resident of VillageRamdeo Chhapra, P.S.- Ara Muffasil, District- Bhojpur. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Arun Kumar Gupta, Advocate.

For the Opposite Part:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 01-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 420, 409 of the Indian Penal Code registered in connection with Charpokhari P.S. Case No. 155 of 2018.

3. It is submitted that the petitioner has been falsely implicated and no offence has been committed by him. While he was working as Gramin Awas Sahayak at Siyadhee, he was given additional charge as Gram Panchayat, Nagari on 20.07.2015. It is submitted that prior to taking additional charge at Nagari, the Aam Sabha in its meeting dated 28.03.2015 had already selected candidates for purposes of benefit of Indira Awas Scheme. Petitioner is the only official who has been made accused. The petitioner claims clean antecedents.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each

Patna High Court Cr.Misc. No.70214 of 2018(3) dt.01-02-2019 2/2 to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Charpokhari P.S. Case No. 155 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions: (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Ibrar//- U T