Single-judge oral order granting anticipatory bail to the petitioner, a Block Coordinator, in connection with a charge of misappropriating funds under Section 409 IPC.
Petitioner directed to be released on bail in anticipation of arrest, to surrender within six weeks on furnishing a bond of Rs. 10,000 with two sureties of like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.87219 of 2019
Arising Out of PS. Case No.-353 Year-2019 Thana- BELAGANJ District- Gaya
==============================================
SUBI KHATOON @ SUBI KHATON Wife of Md. Mojahid Hussain @ Mujahid Hussain Resident of Mohalla- Enayat Colony, Bari Road, Police Station- Civil Line, District - Gaya. At Present Block Co-ordinator, Khijarsarai, District - Gaya.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party ============================================== Appearance : For the Petitioner/s : Mr. Saurendra Pandey Mr.Rajesh Kumar Mishra For the Opposite Party/s : Mr.Ashok Kumar ==============================================
CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
ORAL ORDER
4 08-07-2020
Heard Mr. Saurendra Pandey, learned counsel
for the petitioner and Mr. Ashok Kumar, learned APP for
the State.
The petitioner seeks bail in anticipation of her arrest in connection with Belaganj P.S. Case No. 353 of 2019 dated 01.10.2019 instituted for the offences under Sections 409, 420, 120B and 34 of the Indian Penal Code.
The petitioner at the relevant time was the
Block Coordinator, who is alleged to have disbursed the
Patna High Court CR. MISC. No.87219 of 2019(4) dt.08-07-2020 2/3
monetary beneftis of Lohiya Swacch Bihar Mission in a wrong manner.
Learned counsel for the petitioner submits that disbursement of the monetary benefits was on the basis of a report obtained from Vikash Mitra about construction status of toilet along with photographs of toilet. There is nothing on record to indicate, it has been argued that the petitioner has misappropriated the aforesaid amount. The petitioner was posted in the Belaganj block till 18.02.2018 and her activities were never complaint against by any person of the locality. The petitioner also claims to be a person of clean antecedent.
Considering the aforesaid facts, the petitioner, above named, is directed to be released on bail, in the event of her arrest or surrender before the court below within a period of six weeks from the date of receipt / production of a copy of this order, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two
Patna High Court CR. MISC. No.87219 of 2019(4) dt.08-07-2020 3/3
sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate -XI, Gaya in
connection with Belaganj P.S. Case No. 353 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Ashutosh Kumar, J)
sunilkumar/-
U T
1 issue framed by the court
Whether the petitioner is entitled to bail in anticipation of arrest in a case involving misappropriation of funds under Section 409 IPC.
1 provisions across 1 enactments
SUBI KHATOON @ SUBI KHATON
THE STATE OF BIHAR
ASHUTOSH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
