Md. Sabbir @ Md. Seikh Shabbir @ Md. Shabbir @ Md. Sheikh Shabbir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37246 of 2014 Arising Out of PS.Case No. -117 Year- 2013 Thana -BIRPUR District- SUPAUL ====================================================== Md. Sabbir @ Md. Seikh Shabbir @ Md. Shabbir @ Md. Sheikh Shabbir, Son of Md Sheikh Sajid, R/o Nayatola, Brahpura, P.S. Ishakchak, P.O. Bhagalpur, District Bhagalpur.

.... .... Petitioner.

Versus

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

For the Petitioner : Mr. N.K. Agrawal, Sr. Advocate & Mr. Diwakar Upadhyaya, Advocate.

For the Opposite Party : Mr. Nityanand(App). ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 08-04-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Birpur P.S. Case No. 117 of 2013, registered for the offences punishable under Sections 419, 420, 409, 467, 468, 471, 120B/34 of the Indian Penal Code and 68/58(A) of the Company Act and 58(B)(i)(ii)(iii) of the R.B.I. Act.

Learned senior counsel for the petitioner submits that the entire allegation against the petitioner is that he had been working as Manager at the Birpur Branch of Pratigya Housing Finance & Construction Company Ltd. It is further submitted that the petitioner was never a Manager rather he was an office

Patna High Court Cr.Misc. No.37246 of 2014 (2) dt.08-04-2015 2 / 2 assistant who had only been responsible for receiving and delivering the letters to other persons. So far as the question of collecting money and depositing it in the bank is concerned, the petitioner had no role play in the same and it was only co-accused Nitish Kumar Das who was in the official capacity and in order to save his skin, named the petitioner as Manager at Birpur Branch. Considering the aforementioned submissions and also the fact that the petitioner is no criminal history, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of two weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on anticipatory bail on furnishing bail bonds of Rs.

10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Birpur, Supaul, in connection with Birpur P.S. Case No. 117 of 2013, subject to the conditions as laid down under Section 438(2) of Cr. P.C. U.K.