Allowed¶20

Md. Tarique Anwar @ Tarique Anwar v. The State of Bihar

Patna HC14 Mar 2024CR. MISC./17268/2024

Case brief

AI extract

What is this about?

Regular bail; IPC ss. 420, 409, 467, 468/34; Prime Minister Gramin Awas Yojana financial irregularity; ward secretary, Dubba Panchayat Ward No.2; Jokihat P.S. Case No. 166 of 2022, Araria; custody since 19.1.2024; no criminal antecedent; coaccused Md. Belal already bailed (Cr. Misc. No. 79548 of 2023, dt. 11.12.2023); bail bond Rs. 10,000 with two sureties; CJM Araria; Patna High Court, 14-03-2024; Sunil Kumar Panwar J.

What did the court decide?

Enlargement on regular bail in connection with Jokihat P.S. Case No. 166 of 2022 upon furnishing bail bond of Rs. 10,000 with two sureties of the like amount each to the satisfaction of learned C.J.M., Araria. ¶20

Md. Tarique Anwar @ Tarique Anwar Vs The State of Bihar — Cheating and Forgery | Patna HC (2024)

What the court decided

AI extract

Outcome

¶20

Issue for consideration

Whether regular bail should be granted to the petitioner, implicated with others in alleged financial irregularities in Prime Minister Gramin Awas Yojana in connection with Jokihat P.S. Case No. 166 of 2022 (offences under sections 420, 409, 467, 468/34 IPC).

¶14

Court's answer

Considering the facts and circumstances of the case as well as the custody of the petitioner, the court is inclined to enlarge the petitioner on bail.

¶20

Ratio / Principle

The petitioner is directed to be released on bail in connection with Jokihat P.S. Case No. 166 of 2022 upon furnishing a bail bond of Rs. 10,000 with two sureties of the like amount each to the satisfaction of learned C.J.M., Araria.

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Detailed headnote1 paragraphs

Patna High Court, Criminal Miscellaneous No.17268 of 2024 — Oral order dated 14-03-2024 of Justice Sunil Kumar Panwar arising out of Jokihat P.S. Case No. 166 of 2022, District Araria. Regular bail granted to petitioner Md. Tarique Anwar @ Tarique Anwar, ward secretary of ward no.2 of Dubba Panchayat, said to have committed financial irregularities in Prime Minister Gramin Awas Yojana along with others; offence punishable under sections 420, 409, 467, 468/34 of the Indian Penal Code. Defence contended petitioner innocent, beneficiaries are residents of Ward No.7 with the beneficiary list verified by the Awas Assistant, Supervisor and B.D.O., no criminal antecedent, and custody since 19.1.2024; coaccused Md. Belal already enlarged on bail vide order dt. 11.12.2023 in Cr. Misc. No. 79548 of 2023. Learned APP opposed. Considering the facts, circumstances and custody, petitioner directed to be released on bail on furnishing bail bond of Rs. 10,000 with two sureties of the like amount each to the satisfaction of learned C.J.M., Araria.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.17268 of 2024

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Arising Out of PS. Case No.-166 Year-2022 Thana- JOKIHAT District- Araria

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======================================================

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Md. Tarique Anwar @ Tarique Anwar Son of Mojahid @ Mojahidul Islam Resident of Village- Daulatpur, Ward No. 02, Panchayat- Dubha, Police Station- Jokhat, District-Araria

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Mukesh Kumar Rana For the Opposite Party/s : Mr.Anuj Kumar Shrivastava

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======================================================

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CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER

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2 14-03-2024

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

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The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 420, 409, 467, 468/34 of the Indian Penal Code.

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As per prosecution case, the petitioner is ward secretary of ward no.2 of Dubba Panchayat who along with others are said to have been committed financial irregularities in Prime Minister Gramin Awas Yojana.

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Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is also submitted that the petitioner is ward secretary of War No.2 of Dubba Panchayat

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Patna High Court CR. MISC. No.17268 of 2024(2) dt.14-03-2024 2/2

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and the beneficiaries are resident of War No.7 so there is not role of this petitioner petitioner in distribution of Prime Minister Awas Yojana. The said Prime Minister Awas Yojana (Rural) beneficiaries list was verified by the Awas Assistant, Supervisor as well as concerned B.D.O. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition and he is languishing in judicial custody since 19.1.2024. Other coaccused Md. Belal has already been enlarged on bail granted by this Court vide order dt. 11.12.2023 passed in Cr. Misc. No. 79548 of 2023.

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Learned APP appearing for the state has opposed the prayer of regular bail.

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Considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Jokihat P.S. Case No. 166 of 2022 on furnishing bail bond of Rs.10,000/(ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Araria.

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(Sunil Kumar Panwar, J)

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Amandeep/- U T

Md. Tarique Anwar @ Tarique Anwar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Md. Tarique Anwar @ Tarique Anwar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

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Procedural history

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Coram

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