Md. Kalim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41880 of 2024 Arising Out of PS. Case No.-1029 Year-2016 Thana- BUXAR COMPLAINT CASE DistrictBuxar ====================================================== Md. Kalim Son Of Late Ainul Haque Village- Bandha, P.S.- Bihiya, Distt.- Bhojpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Manu Kumar Turha @ Manu Prasad Turha Son Of Ashok Kumar Turha Village- Turha Toli, Main Road, Buxar, P.S.- Buxar Town, Distt.- Buxar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ramakant Sharma, Sr. Adv.

Mr. Rakesh Kumar Sharma, Adv.

For the State :

Mr. Aditya Narayan Singh.1, APP For the O.P. No. 2 :

Mr. Umesh Kumar Verma, Adv.

Mr. Munna Prasad Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-08-2024 Heard learned senior counsel for the petitioner, learned A.P.P. for the State and learned counsel for the Opposite Party No. 2.

2. The petitioner apprehends his arrest in connection with Complaint Case No. 1029(C) of 2016 registered under Sections 504, 406, 420, 384, 467, 468, 471, 472, 120B/149 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the complaint case, it is alleged that this petitioner along with other named accused persons defalcated the deposited money of the investors.

4. Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.41880 of 2024(5) dt.12-08-2024 2/3 submits that petitioner has already resigned from Directorship, and the Managing Director of the company has accepted the same on 25.05.2014 itself. Further submission is that the entire money, as has been alleged in the complaint petition, was collected by complainant and agents of the company, and were deposited to the Managing Director of the company. Petitioner has neither received any single penny nor any money was transferred in the bank account of the petitioner. It is lastly submitted that the complaint petition has been filed in the year 2016, after a lapse of two years. Petitioner claims clean antecedent.

5. Learned A.P.P. for the State and learned counsel for the Opposite Party No. 2 opposed the prayer for bail and submit that there is specific allegation against the petitioner that he along with other accused persons defalcated the invested money of the investors.

6. Having considered the aforesaid facts and circumstances of the case and the rival submissions advanced on behalf of the parties, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with

Patna High Court CR. MISC. No.41880 of 2024(5) dt.12-08-2024 3/3 two sureties of the like amount each to the satisfaction of Judicial Magistrate-I, Court No. 16, Buxar in connection with Complaint Case No. 1029(C) of 2016, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Singh, J) Navya/- U T