Shakeel Ahmad Khan @ Shakeel Anwar Khan And ANR. v. The State Of Bihar

Patna High Court Cr.Misc. No.40587 of 2014 (8) dt.27-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40587 of 2014 Arising Out of PS.Case No. -37 Year- 2014 Thana -BEGUSARAI TOWN District- BEGUSARAI ======================================================

1. Shakeel Ahmad Khan @ Shakeel Anwar Khan Son of Md. Anwar Khan @ Md. Anwar Ahmad Khan

2. Md. Javed Son of Md. Boharan Miyan Both Resident of village- Parna, P.S.- Neema Chandpura, DistrictBegusarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sandip Kumar Gautam For the Opposite Party/s : Mr. Prem Kr.Jha(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 27-10-2015 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners apprehend their arrest in connection with Begusarai Town P.S. Case No. 37 of 2014 registered for the offences punishable under Sections 420, 406, 120(B)/34 of the Indian Penal Code.

Case diary of the present case was called for which has since been received.

Learned counsel for the petitioners submits that in the present case, the person who had actually acted as agent, is the informant, and as a matter of fact, he (informant) had taken money from the investors. It is further submitted that petitioners were also

Patna High Court Cr.Misc. No.40587 of 2014 (8) dt.27-10-2015 one of such investors and he had no role to play in collection of money from other depositors rather he himself is a victim of the said fraud.

Learned counsel for the State submits that there is no material in the case diary so as to indicate that the petitioners were one of the collectors from the investors.

Considering the aforesaid submissions and also the fact that petitioners have no criminal antecedent, let the petitioners above named, in the event of their arrest or surrender before the court below within a period of three weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Begusarai in connection with Begusarai Town P.S. Case No. 37 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C..

(Anjana Mishra, J) Jagdish/- U T