Patna High CourtCR. MISC./41675/2017bail granted

Ainul Alam @ Md. Ainul Abdin v. State Of Bihar And ANR

2017-09-20Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41675 of 2017 Arising Out of PS.Case No. -2116 Year- 2015 Thana -BHAGALPUR COMPLAINT CASE DistrictBHAGALPUR ====================================================== Ainul Alam @ Md. Ainul Abdin, Son of Md. Samsul Abdin, Resident of Village- Puraini, Police Station- Jagdishpur, District- Bhagalpur. .... .... Petitioner

Versus

1. The State of Bihar.

2. Rajiv Kumar @ Ritesh Ranjan, Son of Ram Lakhan Podar, resident of Village- Baluachak, Police Station- Jagdishpur, District- Bhagalpur. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Najmul Hodda, Advocate For the Opposite Party/s : Mrs. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 20-09-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Complaint Case No. 2116 of 2015 in which cognizance has been taken under Sections 406, 420 and 120B of the Indian Penal Code.

It is submitted by the learned counsel for the petitioner that from perusal of the complaint itself, it would

Patna High Court Cr.Misc. No.41675 of 2017 (2) dt.20-09-2017 transpire that the petitioner has not received any amount from the complainant. The case of the complainant is that he had deposited the amount with one Wealth Agro Industries Ltd. He has submitted that the said company is incorporated under the Indian Companies Act, 1956 and son of the petitioner Shaharyar Abdin is the person who is managing the affairs of the company with which the petitioner has connection.

On the other hand, learned counsel for the complainant has submitted that the petitioner is also one of the active accomplices in the present case.

Considering the nature of allegation, in the event of arrest or surrender in the court below within six weeks from today, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-IX, Bhagalpur in connection with Complaint Case No. 2116 of 2015 subject to the conditions as laid down under Section 438(2) Cr. P.C.

(Ashwani Kumar Singh, J.) Sanjeet/- U T