Md. Nadim Qaishar @ Bulbul Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79091 of 2023 Arising Out of PS. Case No.-159 Year-2023 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== Md. Nadim Qaishar @ Bulbul Ansari Son Of Abdul Hamid Resident Of Village- Uchauli, Ps- Rafiganj, Distt- Aurangabad ... ... Petitioner/s

Versus

1.

The State Of Bihar Bihar 2.

Ruby Devi Wife Of Sanjay Prasad Khatri Resident Of Village- Baraulichak, Ps- Haspura, Distt- Aurangabad ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Satyendra Kumar Bhatnagar, Adv.

For the Opposite Party/s :

Mr.Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 11-01-2024 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The petitioner is apprehending his arrest in a case in connection with Aurangabad Town P.S. Case No. 159 of 2023 dated 05.3.2023 registered for the offence/s punishable u/ss 420, 467, 468, 406 and 409 of the Indian Penal Code.

4. As per the prosecution case, the petitioner along with the other co-accused persons was working at Ujjawal Institute of Education Technology Private Limited Company as

Patna High Court CR. MISC. No.79091 of 2023(2) dt.11-01-2024 2/3 agents and they got deposited rupees in the aforesaid company from public and instead of that 8 % commission per month is given to them as wages. It has been further alleged that the petitioner got deposited rupees in the aforesaid company from the informant and others as mentioned in the complaint petition. The complainant also deposited Rs. 7800 through the petitioner and the other accused persons and thereafter she came to know that the aforesaid company had fled away closing his office situated at Sanskrit Vidyalya Market, Madarsa Road behind the New Civil Court, Aurangabad.

5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. It is further submitted that the petitioner is also an agent of the said company. Learned counsel has further submitted that the petitioner is also a victim of fraud. Similarly situated co-accused has already been granted anticipatory bail by the co-ordinate bench of this court vide order dated 07.11.2023 passed in Cr. Misc. No. 65583 of 2023. The petitioner has no criminal antecedent as stated at para 3 of the bail petition.

6. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances

Patna High Court CR. MISC. No.79091 of 2023(2) dt.11-01-2024 3/3 of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Aurangabad in connection with Aurangabad Town P.S. Case No. 159 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

8. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T