IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.15849 of 2010
MD. EHSANUL HAQUE
Versus
STATE OF BIHAR
-------
6/ 09.12.2010 Heard learned counsel for the petitioner and learned
counsel for the State.
Complainant’s matured amount was paid to him through
cheque but was bounced due to stoppage of payment. Submission of
the learned counsel for the petitioner is that undoubtedly, petitioner
is one of the members of the Board of Directors but having no
concern with deposits or its payment rather authorized member for
the purpose along with President is responsible for the same, that is
why cheque was issued by one co-accused, Arbind Vishwakarma.
Its payment is also stopped by Arbind Vishwakarma. That was also
due to non-availability of the fund but fixing any liability refusal of
petitioner’s anticipatory bail cannot be justified.
Taking that into consideration, prayer of the petitioner is
allowed.
In the event of arrest or surrender within one month
from the date of receipt/production of a copy of this order in
connection with Complaint Case No. 3363(C) of 2007 above named
petitioner shall be released on bail on furnishing bail bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount each to
the satisfaction of C.J.M., Patna subject to the conditions as laid
down under Section 438(2) of Cr. P.C.
shail (Mandhata Singh, J.)