Nazrul Islam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59434 of 2022 Arising Out of PS. Case No.-114 Year-2019 Thana- BAHADURGANJ District- Kishanganj ====================================================== NAZRUL ISLAM Son of Late Makbool Hussain Resident of Kanta Tarabari, P.S.- Garbandanga, District- Kishanganj.

... ... Petitioner/s

Versus

The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raj Kumar For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-01-2023 Heard both sides.

The petitioner apprehends his arrest in connection with Bahadurganj P.S. Case No.114 of 2019, registered for the offences punishable under Sections 406, 409, 420, 467, 468, 469, 471, 201 and 120(B) of the Indian Penal Code. As per FIR it is alleged that there is defalcation of crores of rupees of the customers, who deposited the amount on assurance of high interest to be given to them but the amount has been defalcated and after inquiry it transpired that PACS Chairman, Manager and agents are involved in this case. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is submitted that the petitioner has got no criminal antecedent as stated in paragraph-3 of the bail

Patna High Court CR. MISC. No.59434 of 2022(2) dt.03-01-2023 2/2 application. It is further submitted that petitioner is not named in the FIR. The petitioner is made accused in the present case after two years. It is also submitted that the office bearers of the PACS have already been granted anticipatory bail by different co-ordinate Benches of this Court (Annexure-2 series). Learned APP for the State opposed the prayer for anticipatory bail of the petitioner.

Taking into consideration the facts aforesaid, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be enlarged 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 learned C.J.M., Kishanganj in connection with Bahadurganj P.S. Case No.114 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) S.KUMAR/- U T