Atikulla Hossain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66372 of 2019 Arising Out of PS. Case No.-35 Year-2016 Thana- ISHAKCHAK District- Bhagalpur ====================================================== ATIKULLA HOSSAIN Son of Hazarat Ali Resident of village- Gyaspur, P.S.- English Bazar, District- Malda (West Bengal). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Jha For the Opposite Party/s :

Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-12-2019 Heard both sides.

The petitioner apprehends his arrest in Ishaqchak P.S. Case No.35 of 2016 registered under Sections 406, 408, 420, 467, 468, 120(B) of the Indian Penal Code.

The informant filed complaint case on the basis of which present F.I.R. was lodged. The informant arrayed the petitioner as an accused in serial no.5 but in the entire body of the complaint, the informant did not make any sorts of allegation against the petitioner either for persuading the informant to deposit money in the company or the petitioner was entrusted with any work or the petitioner did any work in the company. It is submitted that petitioner resigned and accused no.1 who was the Managing Director of the company gave the petitioner no dues certificate. Accused No.1 is Managing

Patna High Court CR. MISC. No.66372 of 2019(3) dt.11-12-2019 2/2 Director of the company and it was he who misappropriated the deposited money of the informant and others in the company. The learned A.P.P. could not be able to show any material against the petitioner.

Taking into consideration the facts aforesaid, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Bhagalpur in connection with Ishaqchak P.S. Case No.35 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Saurabh/- U T