Regular bail application by an alleged chairman/agent of a co-operative society accused of cheating depositors in a forgery and cheating FIR. The court considered custody period since 29.10.2024 and co-accused bail orders, then enlarged the petitioner on a Rs.20,000 bond with conditions.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5306 of 2025
Arising Out of PS. Case No.-146 Year-2017 Thana- SIMRI District- Darbhanga
======================================================
Wasim Ahmad @ Md. Wasim Ahmad @ Wasim Khan, aged about 46 years (M), Son of Late Shamshuzzoha, R/o - Village- Parasuni, P.S - Benipatti, District - Madhubani, at present Mohalla - Bajitpur Bhardauli, P.S - Nagar, District – Darbhanga
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Alok Ranjan, Advocate For the Opposite Party : Mrs. Sharda Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
4 17-06-2025
Heard learned counsel for the petitioner and learned
A.P.P. for the State.
Patna High Court CR. MISC. No.5306 of 2025(4) dt.17-06-2025 2/5
the employees of the said branch are absconding after closing the branch since last few months which caused trouble to the consumers in depositing and withdrawal of the amount. It is further alleged that the co-accused Diwakar Mehta who is treasurer of the said bank and his son Priyanshu Mehta have appointed some agents who used to open account of about 100 of the villagers and got deposited about Rs. 80,00,000/- which may be verified from the record. On 12.11.2017, in the evening, Diwakar Mehta was removing the furniture and record of the bank which was informed to the local Simri Police Station and the villagers handed over him to the police alongwith all furniture and particulars articles. It is further alleged that whenever the depositors visited the branch then they found the same closed and the treasurer was avoiding either one pretext or the other. When the depositors complained the petitioner who is the Chairman about the same then he replied to approach the treasurer Diwakar Mehta, Wasim Khan and Md. Khurshid Alam who are agents alongwith maturity papers.
Patna High Court CR. MISC. No.5306 of 2025(4) dt.17-06-2025 3/5
Act. The petitioner is not the Chairman of the said Samiti. The said Samiti is being governed by its bye-laws which is also registered under the aforesaid provision which is doing its business among its members only and deposit has not been accepted, except the members. It is further submitted that from perusal of the F.I.R., it appears that it has not been mentioned in the F.I.R. that in real the informant and so-called witnesses have deposited any amount in the said Society, then how much amount has been deposited by them and what are their account numbers which falsifies the allegation of the informant as well as the witnesses. It is submitted that the other co-accused person, namely, Diwakar Mehta has already been granted regular bail by the Co-ordinate Bench of this Court in Cr. Misc. No. 5079 of 2018 vide order dated 29.01.2018 and the other coaccused person, namely, Premanshu Kumar Mehta @ Priyanshu Mehta @ Mithu @ Mittu has also been granted anticipatory bail by the Co-ordinate Bench of this Court in Cr. Misc. No. 29399 of 2018 vide order dated 31.05.2018 annexed as Annexure-6 to the present bail application. The petitioner has five criminal antecedents and in two cases, he is on bail and also in two cases stay was granted and in one case notice was issued as stated in paragraph no. 3 of the bail petition. He is in custody in this case
Patna High Court CR. MISC. No.5306 of 2025(4) dt.17-06-2025 4/5
since 29.10.2024.
(I) The petitioner is directed to remain physically present before the learned court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.
II. One of the bailors shall be a close relative of the petitioner who shall give genealogy as to how he is related to the petitioner.
III. The petitioner shall not leave the territory of India without permission of the court and shall hand over the passport, if any
Patna High Court CR. MISC. No.5306 of 2025(4) dt.17-06-2025 5/5
to the State.
U.K./- U T
(Chandra Prakash Singh, J)
1 issue framed by the court
Should the petitioner be granted bail in Simri P.S. Case No. 146 of 2017 for forgery and cheating offences relating to a co-operative society?
2 provisions across 2 enactments
Wasim Ahmad @ Md. Wasim Ahmad @ Wasim Khan
The State of Bihar
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
