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Patna High Court - Orders

Mazidur Rahman @ Md. Maziduer Rahman vs The C. B. I. , Spl., Patna on 29 March, 2018

Author: Birendra Kumar

Bench: Birendra Kumar

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   Criminal Miscellaneous No.17287 of 2018
                         Arising Out of PS.Case No. -11 Year- 1995 Thana -C.B.I CASE District- PATNA
                 ======================================================
                 1. Mazidur Rahman @ Md. Maziduer Rahman S/o Late Haji Md. Sulemaan,
                 R/o Mohalla- Amir Hussain Gali, Nagar Nigam, Tatarpur, P.S.- Tatarpur,
                 District- Bhagalpur.

                                                                                   .... ....   Petitioner/s
                                                         Versus
                 1. The C. B. I. , Spl., Patna.

                                                              .... .... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     : Mr. Dr. Manoj Kumar, Adv.
                 For the Opposite Party/s : Mr. Bipin Kumar Sinha (SC,CBI)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR
                 ORAL ORDER

2   29-03-2018

Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 120B, 420, 468, 471, 477A of the Indian Penal Code and 13(2) r/w 13(1) (d) of P.C.Act.

The FIR would reveal that the main allegation of embezzlement of bank money is against the Bank Manager who has already faced trial and has got convicted. Only material that came during preliminary investigation of the case against the petitioner is that one of the cheques said to be issued by the petitioner was credited to the firm of the petitioner of which the petitioner is one of the partners and thereafter cheque was destroyed with intent to screen the Patna High Court Cr.M isc. No.17287 of 2018 (2) dt.29-03-2018 2 evidence of forgery in the cheque.

Learned counsel for the CBI opposed the prayer for bail.

Considering the aforesaid facts, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with RC 11(A)/95 Pat Spl. Case No.99 of 2011, subject to the condition that the petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Nitesh/-

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