IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17956 of 2011
Nehaluddin
Versus
The State Of Bihar
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For the petitioner : Mr. Rasid Izhar, Adv.
For the State : Mr. Damodar Pd. Tiwary, APP
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05. 29.08.2011 Supplementary affidavit has been filed on
behalf of the petitioner.
Heard learned counsel for the petitioner
and learned Additional Public Prosecutor for the
State.
The petitioner, apprehends his arrest in
connection with Complaint Case No. 4(C)/1999,
Trial No. 1286/99, pending in the court of Judicial
Magistrate, Rachna Raj, Patna, is one of the two
named accused in this twelve years old complaint
case with allegation of purchasing a car by diverting
the fund allotted for other purposes.
Submission is that the car is still under
custody of the board. Moreover, for last several years
further proceeding of the court below remained
stayed vide order dated 28.02.2000 passed in Cr.
Misc. No. 33502/1999, through which quashing of
the complaint case was sought but ultimately vide
2
order dated 25.06.2010, due to absence of the
petitioner an another (both the accuseds). It was
dismissed with certain observations made therein.
Considering the facts and circumstances of
the case, especially much delay already caused, in
the event of his arrest or surrender within a period
of four weeks, let the above-named petitioner be
enlarged on bail on furnishing bail bond of sum of
Rs. 10,000/- (ten thousand only) with two sureties
of the like amount each to the satisfaction of
Judicial Magistrate, Rachna Raj, Patna, in
connection with Complaint Case No. 4(C)/99, Trial
No. 1286/99, subject to condition under section
438(2) of the Code of Criminal Procedure, and
additional condition to attend the court regularly at
least for three years or till disposal of the case,
whichever is earlier and in the event of failure on two
consecutive dates, without any reasonable
explanation, the privilege granted shall be deemed to
be cancelled.
Rajeev/ ( Akhilesh Chandra, J.)