Patna High Court – Orders
Wasim Ahmad @ Md. Wasim Ahmad @ Wasim Khan vs The State Of Bihar on 17 June, 2025
Author: Chandra Prakash Singh
Bench: Chandra Prakash Singh
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
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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
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Appearance :
For the Petitioner : Mr. Alok Ranjan, Advocate
For the Opposite Party : Mrs. Sharda Kumari, A.P.P.
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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.
2. The petitioner seeks bail in connection with Simri
P.S. Case No. 146 of 2017 dated 13.11.2017 registered for the
offences punishable under Sections 467, 468, 471, 406, 419,
420, 120B of the I.P.C. and Section 3 of the Bihar Protection of
Interest of Depositor Act, 2002.
3. As per the prosecution case, one Madhopur Branch
of Bhartiya Sakh Evam Bachat Sahyog Samiti Ltd., is running at
Bastwara Bazar since last few years. It is further alleged that all
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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.
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in
this case. It is further submitted that the said organization is a
co-operative society registered under the Co-operative Society
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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 co-
accused 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
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since 29.10.2024.
5. Learned A.P.P. for the State has vehemently
opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances
of the case as well as the period of custody, the petitioner, above
named, is directed to be enlarged on bail on furnishing bail bond
of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of
the like amount each to the satisfaction of learned C.J.M.
Darbhanga in connection with Simri P.S. Case No. 146 of 2017
with further conditions:-
(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
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to the State.
7. The application stands allowed.
U.K./- (Chandra Prakash Singh, J) U T