Md. Jasim Ansari @ Md. Jassim Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57927 of 2019 Arising Out of PS. Case No.-57 Year-2018 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== MD. JASIM ANSARI @ MD. JASSIM ANSARI Son of Nasim Ansari Resident of Village- Kastoli Samsa, Police Station- Mansoorchak, DistrictBegusarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Md. Rahmatullah For the Opposite Party/s :
Mr.J.K.Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 13-09-2019 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest for the offences alleged under Sections 408, 420, 467, 468, 471 of the Indian Penal Code registered in connection with Begusarai Town P.S. (Ratanpur O.P.) Case No. 57 of 2018.
3. It is submitted that the petitioner has been falsely implicated on the accusation that he along with two other co-accused persons have collected money on behalf of TVS Credit Services Limited but not deposited the same with the company and in respect of which complaints have been received from a few persons as enumerated in the FIR. It is submitted that the allegation against the petitioner is contrary to the averments made in the FIR that the accused persons were working as Field Collection Executive for two years, the petitioner has merely worked for the company during the period 24.06.2016 to 07.06.2017 (less than one year) as evident from the said company's letter dated 25.10.2017 (Annexure-2). It is further stated that one of the so-called complainants, Md. Nayeem Akhtar has stated on affidavit that he does not know the petitioner nor had paid any money to him. It is further stated that after the petitioner submitted
Patna High Court CR. MISC. No.57927 of 2019(2) dt.13-09-2019 2/2 his resignation on 07.06.2017, the company remitted an arrear amount of Rs. 1,379/- to the account of the petitioner after institution of the FIR, in view of which the accusations against the petitioner are highly improbable. The petitioner claims clean antecedents.
4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned CJM, Begusarai in connection with Begusarai Town P.S. (Ratanpur O.P.) Case No. 57 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions:
i. That one of the bailors shall be a close relative of the petitioner. ii. That the petitioner shall not indulge in any similar offence till conclusion of the trial.
iii. That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.
iv. The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/- U T