This oral order rejects the petitioner's plea for anticipatory bail in a cheating case arising from the alleged misappropriation of funds by a cooperative society manager.
Prayer for anticipatory bail rejected. Directed to remove defects in the petition within one month.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2304 of 2022
Arising Out of PS. Case No.-57 Year-2021 Thana- BISFI (PATAUNA) District- Madhubani
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IMTEYAZ AHMAD SON OF MUMTAZ AHMAD R/O VILLAGEPARSAUNI (SOUTHERN PANCHAYAT), WARD NO.-06, P.S.- BISFI (PATAUNA), DISTRICT- MADHUBANI
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ashhar Mustafa For the Opposite Party/s : Mr. J.N. Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY
ORAL ORDER
2 10-08-2022
The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.
Heard the learned counsel for the petitioner as well as Mr. J.N. Thakur, the learned Additional Public Prosecutor for the State.
The petitioner apprehends his arrest in connection with Bisfi (Patauna) P.S. Case No. 57 of 2021 registered for the offences punishable under Sections 420 and 406 read with Section 34 of the Indian Penal Code, 1860.
As per allegation, the informant as well as 170 signatories of the FIR, had invested their hard earned money
Patna High Court CR. MISC. No.2304 of 2022(2) dt.10-08-2022 2/3
in Bhartiya Shakh and Bachat Swalambi Sahkari Samiti Ltd., on the assurance that their invested money would become double in five years. Some other branches of the said cooperative limited have also been opened. One co-accused Wasim Ahmad was Managing Director of that institution. The informant handed over Rs. 10,50,000/- in the hand of the present petitioner, who is Manager of that institution. A raid was conducted in another branch of that institution and thereafter, the informant and other investors stopped investing their money in that institution. On persistent demand of the investors, the invested money was not refunded to them despite the fact that the petitioner had assured them to refund their entire money.
Learned counsel for the petitioner has submitted that petitioner is co-villager of the informant. He has submitted further that the institution, in which the money was deposited, was not a non-banking financial company, rather it is a cooperative society. He has also submitted that on similar allegation, Kewati P.S. Case No. 200 of 2017 was also lodged in which the Managing Director, Wasim Ahmad has been granted anticipatory bail. He has submitted further that two employees of the bank have also been granted anticipatory
Patna High Court CR. MISC. No.2304 of 2022(2) dt.10-08-2022 3/3
bail in Kewati P.S. case No. 200 of 2017 and this is the second case against the employees and the directors of that institution.
The petitioner is a manager of that institution. The informant handed over Rs. 10,50,000/- in his hand on his assurance that he would return their money, but up till now, their money has not been returned. The FIR has been signed by 170 investors with allegation that on the assurance to double their money within five years, the accused persons, including the petitioners misappropriated that money. The petitioner is not entitled for anticipatory bail. Accordingly, his prayer for anticipatory bail is hereby rejected.
Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.
(Nawneet Kumar Pandey, J)
shweta/mahesh-
U T
2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail in a case alleging misappropriation of funds from a cooperative society.
Whether the petitioner's argument that the institution was a cooperative society and not a NBFC entitles him to anticipatory bail.
3 provisions across 1 enactments
Imteyaz Ahmad
The State of Bihar
Nawneet Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
