Md. Aslam Ansari And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51278 of 2014 Arising Out of PS.Case No. -42 Year- 2014 Thana -MAHARAJGANJ District- SIWAN ======================================================
1. Md. Aslam Ansari
2. Akbar Ali Ansari @ Shahin Alam @ Akbar Ansari
3. Anwar Ali @ Anwar Ali Ansari All S/o Zahid Hussain Resident of Village Dewaria, Police Station Maharajganj, District Siwan. .... .... Petitioners
Versus
1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Ravindra Nath Dubey, Advocate.
For the Opposite Party : Mr. Sanjay Kumar Tiwary (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 24-06-2015 Heard both sides.
The petitioners apprehend their arrest in Maharajganj P.S. Case No. 42 of 2014, registered for the offences punishable under Sections 406, 420 and other Sections of the Indian Penal Code.
The informant got agency of LPG. The informant entered into a business agreement with the petitioners and in pursuance thereof the petitioners invested money required for getting license and other facilities for distribution of LPG. It is alleged that the petitioners did not give money to the informant out of benefit received from the business.
It is submitted that in pursuance of the agreement the
Patna High Court Cr.Misc. No.51278 of 2014 (3) dt.24-06-2015 2/2 informant was to get 10 per cent of the income. The petitioners are paying 10 per cent from the income. The police after investigation submitted final form finding the case false, but the learned Chief Judicial Magistrate has taken cognizance differing with the findings of the investigating officer.
Considering the facts aforesaid and the fact that at best the case is of infraction of terms of agreement, the petitioners above named, in the event of their 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, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Siwan in Maharajganj P.S. Case No. 42 of 2014, Subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Jha, J.) KKSINHA/- U T