Jawahar Sharma And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36167 of 2015 Arising Out of PS.Case No. -326 Year- 2014 Thana -SAHARSA District- SAHARSA ======================================================

1. Jawahar Sharma S/o Late Nand Kishore Sharma R/o Village - Bhirkhi, Ward No. 21, P.S. & District - Madhepura

2. Arun Sharma S/o Sahdeo Sharma R/o village - Tuniyahi, P.S. & District - Madhepura .... .... Petitioner

Versus

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

For the Petitioners : Mr. Sharda Nand Mishra, Advocate.

For the Opposite Party : Mr. Rana Randhir Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-11-2015 Heard both sides.

The petitioners apprehend their arrest in registered for the offences punishable under Sections 420, 406 and 120(B) of the Indian Penal Code.

The informant alleged that the main trustee Anoj Kumar Sharma opened educational and development trust bearing AAIT 655646, Registration No. 23 of 2009. The petitioners are members of the trust. The informant made allegation that Anoj Sharma took money for providing loan of Rs. 3 lakhs, but when the cheque was presented to the bank the cheque was not honoured due to paucity of fund in the account of trust. Anoj Sharma closed the office of the trust and he did not return the money taken from the informant.

Patna High Court Cr.Misc. No.36167 of 2015 (3) dt.02-11-2015 2/2 It is submitted that no allegation is made against the petitioners. The petitioners are only alleged as a member of the trust, but the petitioners did not play any role. Considering the facts aforesaid, the petitioners above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are 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, Saharsa in Saharsa (Sadar) P.S. Case No. 326 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Jha, J.) KKSINHA/- U T