Salim Hussain v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45932 of 2018 Arising Out of PS.Case No. -91 Year- 2018 Thana -GARKHA District- SARAN ======================================================
1. Salim Hussain Son of late Gul Hasan (but in first Information Report Wrongly Mentioned as Gulbahar Miya), Resident of VillageMohammedpur, Tole Gopur, P.S. Garkha, District- Saran. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ravi Prakash For the Opposite Party/s : Mr. Sri Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-08-2018 Heard the parties.
The petitioner is apprehending his arrest in connection with Garkha P.S.Case no.91 of 2018 registered for offences punishable under Sections 420, 406, 467, 468, 379, 323 of the Indian Penal Code.
Petitioner is said to be an Agent -cum- Co-ordinator of APM Group of Company and he got Rs.50,000/- from the informant to deposit and later on he again got Rs.30,000/- and in total he has taken Rs.1,20,000/- from the informant and when the informant demanded money back, he refused to pay back the money.
Submission of the learned counsel for the petitioner is that the petitioner is only an Agent and is not responsible for the
Patna High Court Cr.Misc. No.45932 of 2018 (2) dt.08-08-2018 2/2 aforesaid amount and he has only deposited it in the Account of the Bank.
Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances, as stated above, and as such type of occurrence is quite prevalent, I am not inclined to grant anticipatory bail to the petitioner rather let the petitioner surrender before the learned court below within a period of four weeks from the date of receipt of the order and make prayer for regular bail, which will be considered by the learned court below on its own merit. With the aforesaid direction, this application is dismissed. (Vinod Kumar Sinha, J) chn/- U T