Mohammad Mozahid Warsi @ Mohammad Mozahid Waris v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30294 of 2018 Arising Out of PS. Case No.-214 Year-2016 Thana- SHRIKRISHNAPURI District- Patna ====================================================== Mohammad Mozahid Warsi @ Mohammad Mozahid Waris S/o Mohammad Aslam Warsi, R/o Vill.- (Islampur) Gaza Saraya, P.S.- Islampur, DistrictNalanda, At Present residing at Mohalla- Tiwari Market , Gol Bagicha, P.S.- Kotwali, Distt.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Sharma, Adv For the Opposite Party/s :

Mr. Sri Narsingh Tanti,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 28-11-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 420,467,468 and 471/34 of the Indian Penal Code.

The petitioner is proprietor of M/s Warsi Enterprises. The petitioner opened a current bank account detailed in the FIR at Aurangabad. In the said account, money came through cheque and ATM transfer from different account in a very short span of time. On inquiry by the Bank, some of the branches informed that some of the money has been deposited in the said account from some different accounts by cloning the cheques as originals cheques were still with the account

Patna High Court Cr.Misc. No.30294 of 2018(6) dt.28-11-2018 2/3 holders. On being asked by this Court, the Canara Bank Branch Boring Road has reported that from bank account of Sanjeevani Centre about Rs. 11 lacs through three different cheques were transferred in the account of the petitioner. There was no reason why the Sanjeevani Centre would deposit amount with the account of the petitioner.

Submission of learned counsel for the petitioner is that earlier this Court had refused prayer for bail to the petitioner on 21.02.2018 vide Annexure-1 with liberty to renew the prayer after framing of the charges or after expiry of three months from the date of the order.

The report of the learned court below would reveal that the charges were framed in the month of February, 2018 itself, however, no prosecution witness has turned up up-till-now.

Petitioner is in custody since 05.12.2016.

Considering the aforesaid fact especially the period already undergone by the petitioner as undertrial prisoner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.50,000/- (Fifty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Sri Krishnapuri Police

Patna High Court Cr.Misc. No.30294 of 2018(6) dt.28-11-2018 3/3 Station Case No.214 of 2016 (G.R.No.5410 of 2016), subject to the condition that both bailors shall be resident of territorial jurisdiction of the learned court below and further the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Nitesh/- U T