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Patna High Court - Orders

Ansarul Haque (Manrega J.E) vs The State Of Bihar on 9 January, 2024

Author: Anjani Kumar Sharan

Bench: Anjani Kumar Sharan

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.83609 of 2023
                 Arising Out of PS. Case No.-141 Year-2022 Thana- GHANSHYAMPUR District- Darbhanga
                 ======================================================
                 ANSARUL HAQUE (MANREGA J.E) SON OF MD. RAHMAN
                 RESIDENT OF VILLAGE- FAREERAHA, P.S.- PHULPARAS, DISTRICT-
                 MADHUBANI, POSTED AT PRESENT BLOCK- MAHISHI, (MANREGA
                 J.E), DISTRICT- SAHARSA

                                                                               ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Baidya Nath Prasad, Adv.
                 For the Opposite Party/s :      Mr.Ram Anurag Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN
                                       ORAL ORDER

2   09-01-2024

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable u/s 406, 409, 420, 34 of the IPC.

3. Allegation against the petitioner is that he along with other co-accused persons is involved in several irregularities in the execution of Government projects and he is alleged to have embezzled the Government fund.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to ulterior motive. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. The work as alleged was Patna High Court CR. MISC. No.83609 of 2023(2) dt.09-01-2024 2/2 not completed during the period of petitioner when he was posted in the aforesaid Panchayat. Petitioner has no criminal antecedent and co-accused Mukhiya and Panchayat Secretary have been granted anticipatory bail vide order dated 06.02.2023 passed in Cr. Misc. No.58289 of 2022 and 11.05.2023 passed in Cr. Misc. No.70477 of 2022 by this Court.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, since similarly situated co-accused have been granted bail, let the above named petitioner, be released on bail, 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 Ghanshyampur P.S. Case No.141 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) pallavi/-

U       T