Saroj Kumar Mishra v. The State Of Bihar

Patna High Court Cr.Misc. No.9121 of 2016 (4) dt.16-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9121 of 2016 Arising Out of PS.Case No. -540 Year- 2015 Thana -LAHERIASARAI District- DARBHANGA ====================================================== Saroj Kumar Mishra son of Sri Balkeshwar Mishra, resident of VillageLaxmi Sagar, P.S. Sadar, District- Darbhanga. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Shashank Shekhar, Advocate For the Opposite Party : Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-05-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Laheriasarai P.S. Case No. 540 of 2015 pending in the Court of CJM, Darbhanga at Laheriasarai, for the offences instituted under Sections 406, 409. 467, 468 and 471 of the Indian Penal Code.

As per FIR, it is alleged that Sagar Kumar Rai who was posted as Nazir at District Welfare Office, Darbhanga under conspiracy with petitioner and other co-accused persons after making false and fabricated signature transferred the government money in the bank account of petitioner and other co-accused and misappropriated altogether Rs.2,5,62,000/- (rupees two crores five lacks and sixty two thousand rupees).

Patna High Court Cr.Misc. No.9121 of 2016 (4) dt.16-05-2016 It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. Petitioner has falsely been made accused due to mistake of fact. Petitioner has denied the allegations made in the FIR. The main allegation has been levelled against one Sagar Kumar Rai @ Sagar Kumar Roy and he has been granted anticipatory bail by this Court. On behalf of the State, it has been submitted that the petitioner is named in the FIR and there has been a misappropriation of approximately more than rupees two crores. Some of the cheques were deposited in the account of the petitioner and subsequently same was withdrawn from the account of the petitioner.

Considering the aforesaid facts and circumstances of the case, I am not inclined to release the above named petitioner on anticipatory bail, the same is rejected.

Anyhow, if the petitioner surrenders in the court below within a period of four weeks, the same shall be considered on its own merit without being prejudiced by this order taking into account the other co-accused having been granted anticipatory bail by this Court.

(Sudhir Singh, J) B.Kr./- U T