Naushad Alam v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39898 of 2018 Arising Out of PS.Case No. -736 Year- 2017 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== Naushad Alam S/o Ziaur Rahman Resident of Village - Palasmani, P.S. - Bahadurganj, District - Kishanganj.

.... .... Petitioner

Versus

1. The State of Bihar

2. Amit Kumar, Proprietor of M/s. Maa Shyam Sales & Service Office Radha Krishna Thakur Bari Mandir, Belwarganj, P.S. Khjekalan, R/o Lal Bhawan Begum Ki Haveli, P.S. Khajekalan, Patna City, District Patna .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Diwakar Sinha For the Opposite Party/s : Mr. Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-07-2018 Heard learned counsel for the petitioner.

Petitioner apprehends his arrest in connection with Complaint Case No. 736C of 2017 lodged for the offences punishable under Sections 420 of the Indian Penal Code and Section 138 of N.I. Act.

Allegation as per complaint petition is that complainant has reached to an agreement with the company of the petitioner namely Gracy Youth Vision of which petitioner is one of the trustees and for E-rickshaw complainant has given a cheque for Rs.5 lakhs to one Abdullah Azad and agreement has been reached to Abdullah Azad in which the authorized signatory is Sunil Kumar.

Submission of learned counsel for the petitioner is that

Patna High Court Cr.Misc. No.39898 of 2018 (3) dt.16-07-2018 2/2 petitioner is no way concern with the same and Sunil Kumar is the authorized signatory to the agreement of the complainant. Heard learned APP and learned counsel for the complainant, who has opposed the prayer for anticipatory bail on the ground that petitioner being a trustee is responsible for the money which he has taken and not supplied the E-rickshaw. Having heard both sides and in the facts and circumstances, let the petitioner, named above, surrender within a period of six weeks from the receipt of this order and on his so surrendering he shall be released on bail on furnishing bail bond of Rs.

25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-VI, Patna City, in connection with Complaint Case No. 736C of 2017, subject to the conditions as laid down under Section 438(2) Cr.P.C. and further condition is that one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of court concerned.