Syed Aley Hassan Faridi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33249 of 2018 Arising Out of PS. Case No.-889 Year-2017 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== Syed Aley Hassan Faridi son of Md. Qutubuddin resident of Chambelichak Post and P.S. Habibpur, District Bhagalpur.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar Mishra For the Opposite Party/s :

Mr. Sir Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 23-07-2018 Supplementary affidavit has been filed during the course of argument.

Let it be taken on record.

Heard the learned counsel for the petitioner, the informant and the State.

The petitioner seeks bail in anticipation of his arrest in connection with Bhagalpur Sadar of Kotwali P.S. Case No. 889 of 2017 dated 04.12.2017 instituted for the offences under Sections 406, 420 and 120B of the Indian Penal Code.

The petitioner is one of the Directors of Amazing India Contractors Private Limited Company and is alleged to have given pre-signed cheques of the company to unauthorized persons.

Learned counsel appearing for the petitioner

Patna High Court Cr.Misc. No.33249 of 2018(4) dt.23-07-2018 2/3 has, however, submitted that the cheques were signed by other Directors of the company, including the petitioner, and the responsibility of disbursement of those cheques was on the petitioner because he was in charge of the day to day affairs of the company. By way of supplementary affidavit, the copies of agreement between the company and the investors have been brought on record and only those persons, who had invested in the company, have been given the cheques.

Learned counsel for the informant, however, has submitted that those documents were brought to the notice of the court below but it did not find favour with the court below for some reason or the other. In any view of the matter, the investigation is still pending.

Regard being had to the aforesaid facts, the petitioner above-named is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhagalpur in connection with Bhagalpur Sadar of Kotwail

Patna High Court Cr.Misc. No.33249 of 2018(4) dt.23-07-2018 3/3 P.S. Case No. 889 of 2017, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

It is, however, made clear that the petitioner shall make himself available for interrogation / investigation and shall not, in any manner, impede the process of investigation. Should he be found doing so, it will be open for the informant to proceed for cancellation of his bail.

(Ashutosh Kumar, J) skm/- U T