Harinath Mishra @ Harinath Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6040 of 2026 Arising Out of PS. Case No.-614 Year-2023 Thana- LAHERIYASARAI District- Darbhanga ====================================================== Harinath Mishra @ Harinath Mishra S/O Late Buddhinath Mishra R/O Vrindavan Yojana,Lucknow P.S- SGPGI, District- Lucknow. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mrs.Shrishti Singh For the Opposite Party/s :

Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 04-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Laheriyasarai P.S. Case No. 614 of 2023 for the offence under Sections 406 and 420 of the I.P.C.

3. As per the prosecution story, the informant has alleged that the all the F.I.R. named accused persons including the present petitioner, by deceit and fraud, hatched a criminal conspiracy to defraud him of Rs. 20,00,000/-.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The true fact of the case is that the petitioner has refused to sell the land to the informant whom he knew as "Mahadeva" as he had a notorious reputation, and the land was

Patna High Court CR. MISC. No.6040 of 2026(2) dt.04-02-2026 2/3 sold through executed sale deed to one Smt. Rashmi Kumari. On the request of the buyer, the petitioner has accepted payment in multiple tranches, including one payment from the account of Rajesh Kumar Mishra, without being aware that the same was the account of the informant. The buyer namely, Shyamanand informed the petitioner that he was facing certain technical difficulties in effecting the transfer to the petitioner's bank account and therefore, proposed to deposit the amount from the account of one of his family members. Upon enquiry, by the petitioner regarding such family member, Shyamananda informed that the said person was Rajesh Kumar Mishra (informant) and that he was his trusted aside. The petitioner was not aware that Rajesh Kumar Mishra and Mahadeva are the same person and petitioner has refused to enter into any transaction with Mahadeva on account of his dubious antecedents. As per para 3 of the bail application petitioner has clean antecedents.

5. Learned APP opposes the prayer for bail.

6. Keeping in view the aforesaid facts, and considering the clean antecedent of the petitioner, this Court is inclined to extend him the privilege of anticipatory bail.

7. Let the petitioner be released on bail in the event of

Patna High Court CR. MISC. No.6040 of 2026(2) dt.04-02-2026 3/3 arrest or surrender within a period of four weeks from the date of receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhang , in connection with Laheriyasarai P.S. Case No. 614 of 2023 subject to the conditions as laid down under Section 482 of B.N.S.S., as also with the condition that one of the bailors should be close relative of the petitioner.

(S. B. Pd. Singh, J) Ankit Kumar/- U T