Mazharul Quadri v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.56138 of 2018 Arising Out of PS. Case No.-327 Year-2017 Thana- MASHRAK District- Saran ====================================================== Mazharul Quadri, S/o Sahebjan Ansari, Resident of Village- Hilsar College Ekawan Tola, P.S.- Bhagwanpur Hat District- Siwan. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amrendra Kumar Shrivastawa For the Opposite Party/s :
Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 11-12-2018 Heard the learned counsel for the petitioner and the State.
The petitioner seeks bail in anticipation of his arrest in connection with Mashrak P.S. Case No. 327 of 2017 dated 14.11.2017 instituted for the offences under Sections 406, 419, 420, 467, 468, 471, 120B and 34 of the Indian Penal Code.
The petitioner is alleged to be one of the agents of Mashrak Indus Ware Industries Limited, where the informant as well as others, on the assurance of the petitioner and others have deposited money. In fact, the money which was deposited by the investors was unauthorizedly transferred in
Patna High Court Cr.Misc. No.56138 of 2018(2) dt.11-12-2018 2/3 another company run under the name and style of Sunrise Asian.
It has been alleged by the informant that the money has been appropriated by the company and the office has been closed.
Learned counsel for the petitioner has submitted that he also was an investor in the company and only to beguile him, he was also made an agent of the company with the direction for accepting the investments and depositing them in the account of the company. Learned counsel for the petitioner has further submitted that the issue of unauthorized acceptance of money from the public has been taken note of by the SEBI which has fastened a liability of approximately 1 crore on the company. It has further been submitted that the petitioner was employed for some time only as an agent, for where he resigned in the year 2013.
This Court has also been intimated that under similar circumstances, some of the persons who are in the employment of the aforesaid company have been granted
Patna High Court Cr.Misc. No.56138 of 2018(2) dt.11-12-2018 3/3 anticipatory bail by the different Benches of this Court. Considering the aforesaid background as also the fact that the petitioner does not have any criminal antecedents and is not involved in any other similar nature of case, the petitioner above-named is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, 6th, Chapra in connection with Mashrakh P.S. Case No. 327 of 2017, subject to the conditions as laid down under Section 438 (2) Cr.P.C.
(Ashutosh Kumar, J) skm/- U