Shakir Hussain v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41260 of 2016 Arising Out of PS.Case No. -304 Year- 2016 Thana -KATIHAR District- KATIHAR ======================================================
1. Shakir Hussain son of Md. Ishaque Hussain, resident of VillageNawabganj, Police Station Manihari, District- Katihar..... .... Petitioner/s
Versus
1. The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Khatim Reza For the Opposite Party/s : Mr. Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-10-2016 Heard both sides.
The petitioner apprehends his arrest in Katihar Nagar (Sahayak) P.S. case No.304 of 2016 under Section 420, 406, 467, 468, 471 and 120B of the Indian Penal Code.
The informant filed a complaint petition on the basis of which the present FIR was lodged. The informant named 17 persons in the FIR. In the complaint petition it is alleged that accused No.1, Naeem Ansari, and accused No. 16, Jimmy Shahid, have registered a society in the name of Shwetangi Samajik Kalyan Sansthan. They have also employed other persons, including the petitioner, on different posts of the Society. The petitioner was appointed as Cashier. They took Rs. 25,000/- from each subscriber for opening a centre for imparting education. They were giving salary to the teachers but after collecting money the accused persons fled away and thereby they have collected Rs. more than 64 lacs and misappropriated the same.
Patna High Court Cr.Misc. No.41260 of 2016 (2) dt.22-10-2016 2/2 The learned counsel for the petitioner submits that from perusal of entire complaint petition, it would appear that petitioner did not take even a single farthing from any of the persons, including the complainant. Similarly situated accused, Jinat Ara and Md. Danish, have already been enlarged on anticipatory bail vide order dated 06.10.2016 passed in Cr. Misc. No. 37725 of 2016. The case of the petitioner stands on the same footing.
Considering the facts aforesaid and the nature of allegations made against the petitioner, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Katihar in Katihar Nagar (Sahayak) P.S. Case No. 304 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) BKS/- U T