Abdul Sattar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46149 of 2016 Arising Out of PS.Case No. -308 Year- 2016 Thana -KISHANGANJ District- KISANGANJ ====================================================== Abdul Sattar, S/o Mukhtar Hussain, Resident of village - Kaghra, Halim Chowk, P.S. & District - Kishanganj.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Diwakar Sinha For the Opposite Party/s : Mr. Sri Gopesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 22-10-2016 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 419, 420, 467, 468/34 & 120B of the Indian Penal Code. The prosecution case is that one Shyam Babu Gupta realized Rs.7,000/- from the informant for providing training and thereafter to make payment of Rs.17,000/- salary per month. The said monthly amount was assured to be given even after death of the trainee.. Subsequently, several persons were cheated and informant came to know that one Abdul Sattar

Patna High Court Cr.Misc. No.46149 of 2016 (2) dt.22-10-2016 2/3 of West Bengal is Master mind of such forged company. It is submitted by learned counsel for the petitioner that there is nothing on the record to suggest that any payment was made to the petitioner and the informant ever met to the petitioner. The person namely, Abdul Sattar resident of West Bengal was named in the First Information Report but the petitioner is resident of Kishanganj and the informant is resident of Meruth, Uttar Pradesh.

A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent. Considering the aforesaid facts, 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 bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kishanganj in connection with Kishanganj P.S. Case No. 308 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

The bail bonds of the petitioner will be accepted by the learned court below on filing affidavit to the effect that the petitioner will regularly co-operate in the

Patna High Court Cr.Misc. No.46149 of 2016 (2) dt.22-10-2016 3/3 investigation. The non-cooperation in the investigation will give liberty to the learned court below to cancel the bail bonds of the petitioner.

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