Jai Prakash Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16727 of 2023 Arising Out of PS. Case No.-193 Year-2022 Thana- JALALPUR District- Saran ====================================================== 1.

JAI PRAKASH MISHRA Son of Radhe Shyam Mishra R/V- Mishrawaliya, P.S- Jalalpur Dist- Saran at Chapra 2.

Akshay Mishra son of Radhe Shyam Mishra R/V- Mishrawaliya, P.SJalalpur Dist- Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Radha Mohan Singh For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-05-2023 Heard learned counsel for the parties.

The petitioners apprehend their arrest in a case registered for the offence under Sections 379 and 420 of the Indian Penal Code.

As per F.I.R., the allegation against petitioners is that they used to take the informant to cyber cafe of co-accused Vikash Kumar Sharma for withdrawing money and it is alleged that these petitioners in collusion with co-accused Vikash Kumar Sharma, instead of Rs. 500/- and 1000/-, they used to withdraw Rs. 10,000/- from the account of informant on different dates and in this way, they withdrew total amount of Rs. 1,70,000/- from account of the informant.

Patna High Court CR. MISC. No.16727 of 2023(2) dt.19-05-2023 2/2 It is submitted on behalf of petitioners that petitioners have been falsely implicated in this case. During investigation, it has come that informant is a tempo driver by profession and still unmarried and both the petitioners used to take money from the informant on the false promise of his marriage. However, learned A.P.P. for the State opposed the bail petition and submitted that there is specific allegation against these petitioners that these petitioners in collusion of other coaccused withdrew Rs. 1,70,000/- from the account of informant. It is further submitted that petitioners have got criminal antecedents also.

Considering the nature of allegation and criminal antecedents, the prayer for anticipatory bail of petitioners is rejected.

(Prabhat Kumar Singh, J) anay/- U T