Cr. Misc. No. 677 of 2015. Petitioners challenging anticipated arrest in a case involving cheque bounce and fraud pleaded agency status and readiness to deposit Rs. 5,000 each. Date 14.05.2015.
Petitioners released on bail on furnishing a bond of Rs. 10,000 each with two sureties of the like amount within four weeks.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.677 of 2015
Arising out of PS.Case No. -549 Year- 2014 Thana -SASARAM NAGAR District- SASARAM (ROHTAS) ====================================================== 1. Rajesh Prasad, son of Mathura Ram, resident of Village : Khoradih, P.S. : Nokha, District : Rohtas. 2. Tabasum Fatma alias Awastum Fatma. 3. Mangal Paswan, son of Suryanath Paswan, resident of Village : Dhudur, P.S.: Nokha, District : Rohtas. .... .... Petitioners Versus The State of Bihar. .... .... Opposite Party ====================================================== Appearance : For the Petitioners : Mr. Naresh Prasad, Advocate. For the Opposite Party : Mr. Md. Ataur Rahman(App) ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
3 14-05-2015 The petitioners are apprehending their arrest in connection with Sasaram(T) P.S. Case No. 549 of 2014 for the offences instituted under Sections 406, 409, 420 and 120(B) of the Indian Penal Code.
Heard learned counsel for the petitioners, State and learned counsel for the informant.
The prosecution story, in brief, is that the informant is an Agent of Kolkata Weir Industry Ltd., at Sasaram Branch, in which at the instance of the petitioners, several persons invested at about Rs. Eighty Lakhs in the aforesaid company but on maturity, their aforesaid amount was not returned by these petitioners and
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others. The business of the aforesaid company was stopped by SEBI then the accused persons again started business in the name of another company Pargati Parivar.
It has been submitted on behalf of the petitioners that the petitioners are only agents of the company and they are not the beneficiaries of the amount which has been collected on behalf of the company. It has further been submitted that the petitioners are ready to deposit amount of Rs. 5,000/- each in the court below which shall be subject to final disposal of the case.
On behalf of the State, it has been submitted that the petitioners are named in the F.I.R. and they were also in collusion with the company misappropriated the amount of several persons.
Considering the fact that the petitioners are ready to deposit amout of Rs. 5,000/- each in the court below which shall be subject to final disposal of the present case, let the above named, petitioners, be released on bail in the event of his arrest or surrender before the learned court below within a period of four weeks from today in connection with Sasaram(T) P.S. Case No. 549 of 2014 on furnishing bail bond of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M. Sasaram, subject to the conditions as laid down under Section 438(2) of the Code of
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Criminal Procedure.
U.K./- (Sudhir Singh, J)
U T
2 issues framed by the court
Whether petitioners apprehending arrest for cheque-related offences are eligible for anticipatory bail.
Whether the willingness of petitioners to deposit a nominal amount entitles them to bail.
1 provisions across 1 enactments
Rajesh Prasad
Tabasum Fatma
Mangal Paswan
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
