Md. Mujtaba Raza v. The State Of Bihar Through The Superintendent Of Police, Economics Offence Unit, Bihar, Patna
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84498 of 2019 Arising Out of PS. Case No.-1 Year-2019 Thana- ECONOMIC OFFENCES, BIHAR District- Patna ====================================================== MD. MUJTABA RAZA Son of Md. Nazir Mustafa Resident of Village- Baisi Bazar, P.S.- Baisi, District- Purnea.
... ... Petitioner/s
Versus
THE STATE OF BIHAR THROUGH THE SUPERINTENDENT OF POLICE, ECONOMICS OFFENCE UNIT, BIHAR, PATNA Bihar, Patna. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Archit Rajpal For the Opposite Party/s :
Mr.V.N.P Sinha(Eou) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-01-2020 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Economic Offences P.S. Case No. 01 of 2019 for the offence registered under Sections 406, 409, 420 and 120-B of the Indian Penal Code and Section 3 of the Bihar Protection of Interest of Depositors Act, 2002.
The allegation is regarding M.S.C.S. Credit Cooperative Society Limited, Araria having misappropriated huge amount of public money totaling to a sum of Rs. one crore approximately with connivance of the accused persons named in the F.I.R. and others as also having defrauded hundreds of
Patna High Court CR. MISC. No.84498 of 2019(3) dt.06-01-2020 2/3 people of their hard earned money.
The learned counsel for the petitioner has submitted that though the petitioner was a Director of the said Cooperative Society but he had resigned long back in the year 2014, as such it cannot be said that the petitioner is having any complicity in the matter. It is further submitted that charge sheet has already been filed in the present case, the petitioner is having a clean antecedent and is languishing in custody since 16.11.2019. Lastly, it is submitted that the petitioner being a respectable person, is not likely to flee away either from the investigation or the trial.
Per contra, the learned counsel for the Economic Offences Unit has vehemently opposed the prayer for bail. Having considered the facts and circumstances of the case and considering the fact that the petitioner had resigned long back in the year 2014 from the Cooperative Society in question coupled with the fact that the petitioner is languishing in custody since a long time and the charge sheet has already been filed, I deem it fit and proper to direct for release of the petitioner herein on regular bail.
Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/-
Patna High Court CR. MISC. No.84498 of 2019(3) dt.06-01-2020 3/3 (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Economic Offences P.S. Case No. 01 of 2019. (Mohit Kumar Shah, J) S.Sb/- U T