KHURSHID MANSOORI @ KHURSHEED MANSUREEversusTHE STATE OF BIHAR

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.47049 of 2023
                         Arising Out of PS. Case No.-36 Year-2023 Thana- ITARHI District- Buxar
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                 Khurshid Mansoori @ Khursheed Mansuree, S/o Late Kallu Miyan, R/o Ward
                 No.-05, Kalyanpur, P.S- Itarhi, Distt.- Buxar.
                                                                           ... ... Petitioner
                                                      Versus
                 The State of Bihar
                                                                    ... ... Opposite Party
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                 Appearance :
                 For the Petitioner/s     :        Mr. Vinay Ranjan, Advocate
                 For the Opposite Party/s :        Mr. Anil Kumar Singh No.1, APP
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                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

5   27-01-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The accused/petitioner is named in the FIR and

                   apprehending his arrest in connection with Itarhi P.S. Case

                   No.36 of 2023 registered under Sections 409 and 420 of the

                   Indian Penal Code.

                                3. As per FIR, the petitioner alleged to defalcate the

                   amount of Rs.5,89,342/- out of Rs.12 lakhs received for “Jal

                   Nal Yojna” in capacity of Ward Secretary.

                                4. It is submitted by learned counsel appearing for

                   petitioner that petitioner was not the only signatory of the

                   cheque rather same was issued under the joint signature of

                   co-accused Salma Bibi, ward member. In this context, it is
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          further submitted that the initial payment made to contractor

          for bore-well, which was for Rs.2 lakhs and same was not

          taken into consideration in measurement book for that

          reason, the allegation has been raised against this petitioner.

          Learned counsel pointed out the letter of Block Development

          Officer, Itarhi bearing No.333 dated 20.02.2023, column

          No.2 suggesting that the entire payment was made to

          different contractors, who were working under the project. It

          is submitted that considering the aforesaid aspect, co-accused

          Salma Bibi has been granted regular bail by learned co-

          ordinate Bench of this Court through Cr. Misc. No.6479 of

          2024 dated 16.04.2024.

                       5. Arguing further, it is submitted that a recovery

          proceeding under Certificate case is also pending against this

          petitioner before the District Magistrate, Buxar. Petitioner

          claimed clean antecedent.

                       6.    Learned APP opposed the prayer of bail.

                       7. In view of aforesaid factual submissions and by

          taking note of fact as the allegation raised prima facie in the

          background of measurement issues, where report of Block
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                      Development Officer, as discussed aforesaid prima facie

                      suggest that Rs.12 lakhs was paid to different contractors,

                      accordingly, the petitioner, above-named, in the event of his

                      arrest or surrender in the court below within a period of four

                      weeks from today, is directed to be released on bail on

                      furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)

                      with two sureties of the like amount each to the satisfaction of

                      the learned Chief Judicial Magistrate, Buxar in connection with

                      Itarhi P.S. Case No.36 of 2023, subject to the conditions as

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

                      Procedure (in short ‘CrPC’)/under Section 482(2) of the

                      Bhartiya Nagrik Suraksha Sanhita, 2023 (in short ‘BNSS’).


                                                              (Chandra Shekhar Jha, J.)
    Sanjeet/-

U       T