Abhishek Kumar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7205 of 2023 Arising Out of PS. Case No.-468 Year-2022 Thana- MAJHAULIA District- West Champaran ====================================================== ABHISHEK KUMAR MISHRA S/O SIDHESHWAR MISHRA R/v- Barwa, P.S.- Majhaulia, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Kishor Mishra,Advocate For the Opposite Party/s :

Mr.Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 05-05-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail, who is in custody since 17.08.2022 in connection with Majhaulia P.S. Case No. 468 of 2022, F.I.R. dated 28.06.2022 registered for the offence punishable under Section 419,420 of the IPC and Section 66(C) of the I.T. Act.

Allegation against the petitioner is that he allured the informant for providing her a job by paying Rs. 30,000/-. Learned counsel appearing for the petitioner outrightly submits that the petitioner is ready to pay the amount in question to the informant.

Considering the aforesaid submission, let the

Patna High Court CR. MISC. No.7205 of 2023(2) dt.05-05-2023 2/3 petitioner, above named, 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 learned Judicial Magistrate 1st Class, West Champaran at Bettiah in connection with Majhaulia P.S. Case No. 468 of 2022, with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) The petitioner shall produce a demand draft of Rs. 30,000/-,which he has taken for providing a job, in favour of the informant, namely, Shruti Kumari at the time of furnishing bail bond and learned court below is directed to hand over the same to the informant.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at

Patna High Court CR. MISC. No.7205 of 2023(2) dt.05-05-2023 3/3 any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T