Wasim Akram v. The State Of Bihar Through The Superintendent Of Police, Economics Offence Unit, Bihar, Patna
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59525 of 2019 Arising Out of PS. Case No.-1 Year-2019 Thana- ECONOMIC OFFENCES, BIHAR District- Patna ====================================================== WASIM AKRAM Son of Jahagir @ Md. Jahagir Resident of Village - Jhirwa Purwari, P.S.- Simraha (Forbesganj), Dist.- Araria ... ... Petitioner/s
Versus
THE STATE OF BIHAR THROUGH THE SUPERINTENDENT OF POLICE, ECONOMICS OFFENCE UNIT, BIHAR, PATNA Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Md. Ziaul Quamar For the Opposite Party/s :
Mr.V.N.P.Sinha(E.O.U.) ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-11-2019 The petitioner seeks regular bail in connection with Economic Offence P.S. Case No. 01 of 2019, registered for offences punishable under Sections 406, 409, 420, 120B, 167, 168, 171 and 172 of the Indian Penal Code and Section 3 BPID Act.
Prosecution case as per F.I.R. is that informant, who is the Additional Collector, received complaints from the various persons with respect to transaction made by non banking firm, namely, MSCS Credit Co-operative Society from different persons and they accumulated crores of rupees and, thereafter, they closed their office and did not return the money of investors and the petitioner happens to be Branch Manager in
Patna High Court CR. MISC. No.59525 of 2019(3) dt.04-11-2019 2/3 the aforesaid company and it is alleged that he has also played his part in cheating the investors.
It has been submitted on behalf of the petitioner that he has falsely been implicated in this case and there is no allegation against the petitioner that he has collected the money from the investors and deposited the same. Moreover, he has been in judicial custody since 11.06.2019 and now chargesheet has already been submitted and he is ready to abide by any condition imposed on him for grant of bail and one of the co-accused has already been granted the privilege of bail vide order dated 27.05.2019 passed in Cr. Misc. No. 34557 of 2019. Further submission is that petitioner has already resigned from the job in the year 2016 much prior to institution of F.I.R. in the case.
On the other hand, learned Senior Counsel appearing on behalf of Economic Offence Unit opposed the prayer for bail and submitted that the materials collected during course of investigation disclosed that petitioner and other accused persons were inducing different persons to invest in the company, on which, they have deposited the money in the company .
Patna High Court CR. MISC. No.59525 of 2019(3) dt.04-11-2019 3/3 Having heard both sides, considering the facts and circumstances of the case and also the fact that co-accused of this case has already been enlarged on bail, as such, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria, in connection with Economic Offence P.S. Case No. 01 of 2019, subject to the condition that petitioner will cooperate in disposal of trial and make himself available as and when required by the Trial Court failing which, the prosecution shall move for cancellation of his bail bonds. (Vinod Kumar Sinha, J) sunilkumar/- U T