Amir Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32084 of 2015 Arising Out of PS.Case No. -83 Year- 2014 Thana -KESARIA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Amir Khan Son of Late Kalimullah Khan, resident of village - Natwar Semaria, Police Station - Revelganj, District - Saran at Chapra, State - Bihar.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Satya Prakash, Advocate.

For the Opposite Party : Mr. Suresh Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-08-2015 Heard both sides.

The petitioner seeks bail in a case registered for the offences punishable under Sections 406, 420, 467, 468, 471 and 120B of the Indian Penal Code.

The informant who is an agent of Prime Future Real Estate India Limited alleged that the petitioner being one of the Managing Director of the company took deposits from different subscribers and closed the company without refunding the amounts of the subscribers.

Learned counsel for the petitioner submits that the petitioner is, of course, one of the Managing Director of the company, but he did not receive any amount. The company was

Patna High Court Cr.Misc. No.32084 of 2015 (2) dt.20-08-2015 2/3 closed in the year 2012, as many as eight cases are filed against the petitioner out of which the petitioner has already been enlarged on bail in six cases. Present case is filed in the district of East Champaran, Motihari and the petitioner is in jail since 15.04.2015, although the petitioner is, in fact, in jail since 23.06.2014. No bond was issued under the signature of the petitioner. The branch manager authorized agents to receive money and issue bonds even after closure of the company.

On the other hand, learned counsel for the informant opposed the prayer for bail and submitted that huge amount due against the petitioner and three crores have been swindled by the Prime Future Real Estate India Limited and the petitioner is one of the Managing Director of the company.

It appears that no bonds were issued under the signature of the petitioner. The petitioner is, of course, one of the Managing Director of the company, but it appears that even after closure of the company in the year 2012, many bonds were issued under the signature of Neeraj Kumar. The petitioner is in jail for more than four months in the present case.

Considering the facts aforesaid, the petitioner above named is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount

Patna High Court Cr.Misc. No.32084 of 2015 (2) dt.20-08-2015 3/3 each to the satisfaction of Sri Dwijendra Kumar, the learned Judicial Magistrate, Motihari, Sadar in Kesariya P.S. Case No. 83 of 2014.

(Prabhat Kumar Jha, J.) KKSINHA/- U T