Patna High Court - Orders
Md.Noor Alam vs State Of Bihar on 11 November, 2009
IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr. Misc. No.34359 of 2009
MD. NOOR ALAM, S/o Amir Hasan, R/o Village - Raj Khand,
P.S. - Muffasil, Dist. - Samastipur ......................... Petitioner
Versus
THE STATE OF BIHAR ........................... Opposite Party.
-----------
For the Petitioner:- Mr. Madhurendra Kumar, Advocate.
For the State:- Mr. R.P.S. Singh, A.P.P.
-----------
3. 11.11.2009. Learned counsel for the petitioner files a supplementary affidavit which is kept on record.
Heard learned counsel for the petitioner and learned A.P.P. appearing on behalf of the State.
Petitioner has been made accused in a case registered under Sections 467, 468, 471, 420 & 120B of the Indian Penal Code.
As per the prosecution case, the work of billing, receipt and posting of the Electric Supply Sub-Division, Barauni was being done by M/s Prakritik Enterprises, Patna. It is alleged that 19 receipts, out of the receipts sent in regard to such billing and posting for the month of July, 2003 amounting to Rs. 1,35,254/- were found forged in complicity with the revenue staff of the Electricity Supply Subdivision and the petitioner. It is submitted that petitioner is not named in the F.I.R. and he is merely a Chaukidar of the Department and, as such, he is not concerned with the revenue staff of the Electric 2 Supply Sub Division. It is also submitted that as per Annexure- 2, this information was given to one Sri Ramnandan Jha wherein the entire amount has been shown in the bill of the concerned customer for the month of August, 2003. The petitioner is stated to be in jail custody since 04.08.2009.
It is also submitted on behalf of the petitioner that two of the co-accused, namely, Sudhanshu Kumar and Md. Munna Mian have already been granted bail by this Court vide order dated 20.09.2006 passed in Cr. Misc. No. 38190/2006 and order dated 22.11.2006 passed in Cr. Misc. No. 46874/2006 respectively. Learned counsel produces certified copies of the aforesaid orders which are kept on record.
Having regard to the facts and circumstances of the case, the petitioner, namely, Md. Noor Alam is directed to be released on bail on his furnishing bond in the sum of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the C.J.M., Begusarai in connection with Fulwaria P.S. Case No. 54/03.
dk ( Dr. Ravi Ranjan, J. )