Md. Shamshad Akhtar @ Shamshad Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41710 of 2015 Arising Out of PS.Case No. -187 Year- 2015 Thana -BEGUSARAI TOWN District- BEGUSARAI ======================================================

1. Md. Shamshad Akhtar @ Shamshad Ahmad Son of Md. Hussain, Resident of Murgiyachak, Ward No.9, P.S.- Khagaria, District- Khagaria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Hemant Kumar For the Opposite Party/s : Mr. Indu Bala Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 09-10-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 406,420,467 and 468 of the Indian Penal Code.

The prosecution case is that the informant went to Employment Exchange for getting his name registered where he met with co accused Imran Arsad and Md. Naseem who persuaded him to get employment in Railways on payment of rupees seven lacs fifty thousand. Subsequently, the payment of the aforesaid amount was made but neither the employment was provided nor the money was returned.

It is submitted by the learned counsel for the petitioner that except that the petitioner was present when the payment was

Patna High Court Cr.Misc. No.41710 of 2015 (2) dt.09-10-2015 2/2 being made, there is no accusation against the petitioner. Statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent. It is further submitted that the accusation part does not reflect that actually the payment was made. More over, the payment was made for an illegal work. Considering the fact that the accusation is not specific against the petitioner and the petitioner has no criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Begusarai in connection with Begusarai Town P.S. Case No. 187 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Anil/- U T