The Patna High Court granted anticipatory bail to the petitioner accused of offences under Sections 406, 409, and 420 of the IPC, citing the vague nature of the accusation, directing release on bail within four weeks of arrest.
Released on bail on furnishing bonds of Rs. 10,000 with two sureties within four weeks of arrest.
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.22127 of 2021
Arising Out of PS. Case No.-27 Year-2019 Thana- CHANDRAMANDI District- Jamui
======================================================
Md. Ebrar Ansari @ Md. Ebrar Alam, aged about 35 years, male, Son of Md. Kalimuddin, Resident of Village - Purani Bazar, Jhajha, P.S.- Jhajha, Distt.Jamui.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Satya Prakash Parasar, Adv. For the Opposite Party/s : Mr. APP ======================================================
CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
ORAL ORDER
2 23-05-2022 Heard the counsel for the parties.
The petitioner seeks bail in anticipation of his
arrest in connection with Chandramandi P.S. Case No. 27 of 2019, dated 14.03.2019, instituted for the offences under Sections 406, 409 and 420 of the Indian Penal Code.
The petitioner is stated to be an Awas Sahayak, who is said to have demanded money from the beneficiaries of Pradhan Mantri Awas Yojna.
Patna High Court CR. MISC. No.22127 of 2021(2) dt.23-05-2022 2/3
The learned counsel for the petitioner has
submitted that the accusation is absolute vague. The petitioner was not the Awas Sahayak for the complainant, who was asked for a bribe. Merely because there was some stray complaint of some of the beneficiaries under the said scheme, the petitioner, who had been serving as an Awas Sahayak, has been made accused in this case.
One of the similarly situated accused persons of this case has been granted anticipatory bail a Bench of this Court vide order dated 13.09.2019 passed in Cr. Misc. No. 57812 of 2019.
Regard being had to the vague nature of accusation against the petitioner, he, in the event of his arrest or surrender before the learned Court below within a period of four weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-Ist Class, Jamui in connection with Chandramandi P.S. Case No. 27 of 2019, subject to the conditions laid down under Section
Patna High Court CR. MISC. No.22127 of 2021(2) dt.23-05-2022 3/3
438(2) of the Cr.P.C.
The application stands allowed.
(Ashutosh Kumar, J)
Praveen-II/-
U T
1 issue framed by the court
Whether anticipatory bail should be granted given the vague nature of the accusation.
1 provisions across 1 enactments
Md. Ebrar Ansari
The State of Bihar
Ashutosh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
