Seema Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29371 of 2025 Arising Out of PS. Case No.-1129 Year-2021 Thana- COMPLAINT CASE - PATNA CITY District- Patna ====================================================== 1.
Seema Khan W/O - Shad Akhtar Resident of 628/30A, Shakti Nagar. Indra Nagar, Police Station- Gazipur, District- Lukhnow (U.P.). at present Chairman, Saharian Universal, Command Officer, Sahara Bhawan, Kapurthala Complex, Aliganj, Lukhnow (U.P.).
2.
Bipul Kumar Singh Son of Sri Ramashish Singh Zonal Manager, Sahara India, 4th Floor, Raj Tower, Boaring Road, Police Station- Budha Colony, District-Patna.
3.
Manoj Kumar Son of Sri Sita Ram Sao Regional Manager, Sahara India, B.N.R. Complex, Upper Floor, Bank of Baroda, Guzar Bazar,, Police Station-Khajekalan, District- Patna ... ... Petitioners
Versus
1.
The State of Bihar 2.
Surendra Prasad son of Late Vishwanath Prasad Resident of MuhallaSahara Road, Kharuniya Bagicha, Chhoti Pahari, P.O.-Gulzarbagh, P.S.- Bypass, District- Patna.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Akash Kumar Mishra, Advocate For the Opposite Party/s :
Mr.Syed Ehteshamuddin, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-08-2025 Heard learned counsel for the petitioners and the State.
2. Petitioners apprehend arrest in connection with Complaint Case No. 1129 of 2021 in which cognizance has been taken for the offence under sections 409, 420/34 of the Indian Penal Code against petitioners and other persons on 25.05.2023.
3. As per the prosecution case, complainant Surendra Prasad filed present complaint against 15 persons. He was working with Sahara India since year 1994 with his Sahara Code was 204400110. He was directed by the company director to get money deposited in their organization and it will be
Patna High Court CR. MISC. No.29371 of 2025(4) dt.12-08-2025 2/3 returned to the depositors within time after maturity. Since complainant was unemployed, so he joined and got one crore five lakh twelve thousand three hundred forty five rupees deposited by 333 depositors till August, 2020. Complainant further deposited ten lakh rupees more. When investment got matured, then its payment was not made. Whenever demand was made they adopted dallying tactics.
13. Learned counsel for the petitioners submits that petitioner no. 1 is Chairman of Saharian Universal (a unit of Sahara India) which registered office at Lukhnaw, petitioner no. 2 is Zonal Manager of Sahara India at Patna and petitioner no.3 is Regional Manager of Sahara India at Patna. Learned counsel submits that payment of depositors of the Sahara Group of Societies has been operated in the light of the order of Hon'ble Apex Court under supervision and monitored by Justice R. Subhash Reddy, Former Judge of Hon'ble Supreme Court through the Central Registrar of Cooperative Societies after creating portal by the Union of India. In the Regional Office, Patna of the Sahara Group window has been opened to provide help to the depositors for filing their claim on the said portal.
Several depositors, who have already filed their claim on the said portal, have getting their payments. In disbursing the amount to the respective depositors, petitioners have no role. Every action for disbursing the amount to the depositors has been made by the Central Registrar of Cooperative Societies under supervision of the former Judge of the Hon'ble Supreme Court. Some depositors have filed Cr.WJC No.
Patna High Court CR. MISC. No.29371 of 2025(4) dt.12-08-2025 3/3 of Sahara India for non-payment of their maturity amount under different scheme. This Court has disposed of the case vide order dated 28.03.2025, passed in Cr. W. J. C. 302 of 2022 (annexure P7) observing that Hon'ble Supreme Court has formed a Commission under the Chairmanship of a former Judge of the Supreme Court and has directed entire money of Sahara India Limited collected in the name of Credit Societies to the Commission for disbursement of the matured amount to the genuine claimants. This Court also observed that when a scheme has been formulated by the Hon'ble Supreme Court and scheme is at present working, FIR for committing offence under the IPC/BNS cannot be registered. Money back time has been extended till 31.12.2025 by Hon'ble Supreme Court Vide Annexure- 5 to this petition.
5. Considering the aforesaid facts of the case, prayer for bail of all the petitioners is allowed. In the event of arrest/surrender within eight weeks from today, let these petitioners, mentioned above, 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 Additional Judicial Magistrate III, Patna City, Patna in Complaint Case No. 1129 of 2021, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Shashi U T