Patna High CourtCR. MISC./35791/2016disposed

Md. Aliash Hussain @ Md. Aliash And ANR. v. The State Of Bihar

2016-09-05Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35791 of 2016 Arising Out of PS.Case No. -291 Year- 2011 Thana -CHAPRA TOWN District- SARAN ======================================================

1. MD. ALIASH HUSSAIN @ MD. ALIASH, son of Md. Mainuddin Hussain resident of Village-Mira Tola, Police Station Baikunth Pur, District- Gopalganj

2. Subash Singh son of Vidya Bhushan Singh resident of Village-Sabuli, Police Station- Baikunth pur, District- Gopalganj .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Surendra Pd. Singh, Advocate For the Opposite Party/s : Mr. Sri Gopesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-09-2016 Heard learned counsel for the petitioners and the State.

Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 323, 406, 467, 468, 471, 504 of the Indian Penal Code. The prosecution case is that the petitioners being the employee of Interact Safeway Marketing Private Limited, a non-banking organization, persuaded the informant and others to make investment and thereafter the money was misappropriated.

It is submitted by the learned counsel for the petitioners that the informant and the petitioners were agents and Chairman of the Financial Company. Co-accused Dudh

Patna High Court Cr.Misc. No.35791 of 2016 (2) dt.05-09-2016 Nath Sah, Urmila Devi, Saurabh Raj @ Vicky, Nikhil Raj @ Happy and Ashok Gupta have been granted bail by a Coordinate Bench of this Court vide Cr. Misc. No. 41344 of 2013. Since the First Information Report was registered in 2011, this Court is not inclined to interfere.

Let the learned court below consider the prayer for regular bail of the petitioners in view of the fact that the Coordinate Bench of this Court has granted bail to the coaccused, if the petitioners surrender before the learned court below within a period of six weeks from today in connection with Chapra Town P.S. Case No. 291 of 2011, pending in the court of learned Chief Judicial Magistrate, Saran at Chapra. With the above observation this application is disposed of.

(Dinesh Kumar Singh, J) P.K./- U T