Md. Afsar Ali @ Md. Afsar And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3629 of 2017 Arising Out of Complaint Case No. -3211(c) Year- 2015 Thana -BEGUSARAI COMPLAINT CASE District- BEGUSARAI ======================================================

1. Md. Afsar Ali @ Md. Afsar, s/o Md. Afrad,

2. Md. Esrar Ali @ Md. Esrar, son of Md. Afrad, Both Resident of Village- Chintamanpur Chatia Malahi, P.S.- Malahi, District- East Champaran.

.... .... Petitioners

Versus

1. The State of Bihar.

2. Sahnawaz Ahmad, Son of Md. Ezaz Ahmad, resident of VillageLakhminiya, P.S.- Balia, District- Begusarai. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Prafull Chandra Jha, Advocate. For the Informant : Mr. Abul Kalam, Advocate. For the Opposite Party/s : Mr. Jitendra Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 10-02-2017 Heard learned counsel for the petitioners, learned counsel for the informant and the State.

The petitioners seek anticipatory bail in a case instituted for the offence under Sections 323, 420 and 471 of the Indian Penal Code.

It is alleged that the petitioners after introducing themselves to be the Director of the firm, induced the elder brother of complainant Md. Ayaz on the pretext to provide job in foreign country and his brother after going abroad, is leading a pitiable life due to cheating done by the petitioners. It has been submitted on behalf of the petitioners that

Patna High Court Cr.Misc. No.3629 of 2017 (2) dt.10-02-2017 2/2 the brother of the informant is in Saudi Arabia and he has brought on record Annexure-4 in support of his argument to show that his brother filed a case against the employer. It has further been submitted that one of the co-accused Md. Shahnawaz Ali @ Shahnawaz Ali has been granted anticipatory bail by a coordinate Bench of this Court vide order dated 21.12.2016 passed in Cr. Misc. 54363 of 2016.

Considering the facts and circumstances of the case, let the petitioners above named in the event of surrender within six weeks from the date of receipt of this order, in connection with Complaint Case No. 3211(c) of 2015, shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-IV, Begusarai, subject to the conditions as laid down under Section 438 (2) Cr. P.C.

(Sanjay Priya, J) S.Ali/- U T