Md. Rauf @ Md RauofversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18053 of 2026
                      Arising Out of PS. Case No.-93 Year-2023 Thana- BHARGAMA District- Araria
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                 Md. Rauf @ Md Rauof S/o Md Sahadat Resident of Village- Paikpar Ward
                 No. 5, P.S.- Bhargama, District- Araria

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Nadimul Hasan, Advocate
                 For the Opposite Party/s :      Mr.Ram Naresh Ray, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   17-04-2026                    Heard Mr.Nadimul Hasan, learned counsel appearing

                   for the petitioner and Mr.Ram Naresh Ray, learned Additional

                   Public Prosecutor for the State.

                                2. The petitioner is apprehending his arrest in

                   connection with Bhargama P.S.Case No.93 of 2023,FIR dated

                   05.04.2023 registered for the offences punishable under

                   Sections 406,420,467,468,34 of IPC.

                                3. The prosecution story in short, according to the

                   informant Block Development Officer Mamta Kumari is that on

                   the ground inspection it was found that under the scheme of PM

                   Awas Yojna 26,60,000 has been embezzled by Md. Abul Kalam

                   and Sunil Kumar Gupta and the said money was distributed to

                   1.Md. Abul Kalam, 2.Sunil Kumar Gupta 3.Md Rauf, 4.Naveen

                   Kumar, 5.Munna Kumar Mandal and 6. Mesar Singh. On the
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          basis of the written report this instant case was registered.

                       4. Learned counsel for the petitioner submits that the

          petitioner has clean antecedent. As per allegation in the FIR, the

          petitioner and other co-accused persons have embezzled Rs.

          26,60,000/- (Twenty Six Lacs and Sixty Thousand rupees) under

          the scheme of PMAY (Rural)in the name of other persons.

          Learned counsel for the petitioner fairly submits that the

          petitioner has received Rs. 1,60,000/- in his account and as per

          paragraph-11 of the bail petition the petitioner is ready to return

          the said amount in the account of the Block Development

          Officer. Learned counsel for the petitioner submits that the

          similarly situated co-accused person, namely, Munna Kumar

          Mandal has been granted privilege of anticipatory bail by this

          Court vide order dated 14.02.2025 passed in Cr. Misc. No.79141

          of 2024.

                       5. Learned A.P.P. for the State has vehemently

          opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts, petitioner has clean

          antecedent and co-accused person has been granted privilege of

          anticipatory bail by this Court, let the petitioner, above named,

          in the event of his arrest or surrender before the court below

          within a period of thirty days from the date of receipt of the
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          order, be released on bail on furnishing bail bond of Rs.10,000

          (Ten Thousand) with two sureties of the like amount each to the

          satisfaction of learned J.M. 1st Class, Araria in connection with

          Bhargama P.S.Case No.93 of 2023, subject to the conditions as

          laid down under Section 438(2) of the Code of Criminal

          Procedure/ Section 482(2) of BNSS, 2023 and with other

          following conditions:-

                       (I) At the time of furnishing bail bond, the petitioner

          shall deposit Rs. 1,60,000/- by way of demand draft in favour

          of Block Development Officer, Bhargama, Araria                and the

          learned court below is directed to hand over the said demand

          draft to the Block Development Officer, Bhargama, Araria or his

          representative.

                       (II) Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the Court

          and shall remain physically present as directed by the Court and

          on his/her absence on two consecutive dates without sufficient

          reason, his/her bail bond shall be cancelled by the Court below.

                       (III) If the petitioner tampers with the evidence or the

          witnesses, in that case, the prosecution will be at liberty to move

          for cancellation of bail.

                       (IV) And, further condition that the court below shall
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                         verify the criminal antecedent of the petitioner and in case at

                         any stage, it is found that the petitioner has concealed his/her

                         criminal antecedent, the court below shall take step for

                         cancellation of bail bond of the petitioner. However, the

                         acceptance of bail bonds in terms of the above-mentioned order

                         shall not be delayed for purpose of or in the name of

                         verification.



                                                (Rajesh Kumar Verma, J)
Nitesh/-

U          T