← Library
Patna High CourtCR. MISC./14114/2019bail granted

Haidar Khan @ Md. Haidar Khan v. The State Of Bihar

2019-03-11Justice Smt. Nilu Agrawal3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 14114 of 2019 Arising Out of P.S. Case No.-21 Year-2018 Thana- KALER District- Jehanabad ====================================================== HAIDAR KHAN @ MD. HAIDAR KHAN, aged about 35 years (Male), Son of Moinuddin Khan @ Moinuddin Ahmad Resident of Purakothi , P.S.- Kaler, Distt.- Arwal.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar, Advocate For the Opposite Party/s :

Mr.Manoj Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 11-03-2019 Heard the learned counsel for the petitioner and learned counsel appearing on behalf of the State. Petitioner is languishing in judicial custody since 16.01.2019 in connection with Kaler P.S.Case No.21 of 2018 for the offence alleged under Sections 406, 420, 468, 467, 471 and 120B of the Indian Penal Code.

The prosecution case as lodged by the information is that she had fixed Rs.15,000/- in a non-banking financial company, namely, Indus Weir Industries Limited and deposited Rs.200/- per month on assurance of matured amount within three years. It is alleged that many persons of the village have deposited huge amount with the said company where the agent along with other co-accused and petitioner being incharge of the Branch was co-accused Anjum Parveen have duped the informant and other persons of huge amount of money.

Patna High Court CR. MISC. No. 14114 of 2019(2) dt.11-03-2019 2/3 It has been submitted by the learned counsel for the petitioner that he is innocent bears no criminal antecedent, was just an employee of the said company and had himself deposited certain amount with the company and did not know that the company would not give matured returns. He further submits that some of the co-accused named in the FIR have already been granted the privilege of bail by a coordinate Benches of this Court in Cr.Misc.No.66567 of 2018 dated 22.11.2018, Cr.Misc.No.68558 of 2018 dated 12.12.2018 and Cr.Misc.No.4467 of 2019 dated 30.01.2019. He submits that there is no specific allegation against the petitioner and the petitioner is languishing in judicial custody since nearly two months.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Kaler P.S.Case No.21 of 2018 to the satisfaction of learned Sub Divisional Judicial Magistrate, Arwal, subject to the conditions that one of the bailors would

Patna High Court CR. MISC. No. 14114 of 2019(2) dt.11-03-2019 3/3 be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.

(Nilu Agrawal, J) B.Kr./- U T