Prakash Mohan Mishra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18798 of 2025 Arising Out of PS. Case No.-157 Year-2024 Thana- AURAI District- Muzaffarpur ====================================================== Prakash Mohan Mishra S/o- Madan Mohan Mishra Resident of VillageDharharwa, P.S.- Aurai, Dist- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar Jha, Advocate For the State :
Mr.Shyam Kumar Singh, APP For the Informant :
Mr.Pradip Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 11-03-2026 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with Aurai P.S. Case No. 157/2024 registered for the offences punishable under Sections 406 and 420 of I.P.C.
3. As per the prosecution case, accused Prakash Mohan Mishra(petitioner) impersonated a CID Inspector and fraudulently extracted money from informant Bipin Kumar and his relatives on the pretext of providing government jobs at the National Human Commission. In total, approximately Rs. 12 Lakh was collected from multiple victims, but neither jobs were provided nor money refunded.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.18798 of 2025(10) dt.11-03-2026 2/3 petitioner has handed over a demand draft of Rs. 3,00,000/- to the informant in the court below. Learned counsel further relying upon the judgment of this Court in the case of Kapil Kamboj vs. State of Bihar and Anr. in Cr. Misc. No. 15133/2023 submits that no offence is made out in the facts of the case and the allegations of the case. It is lastly submitted that the petitioner has one criminal antecedent in which he is on bail and he is in custody since 14.12.2024. The petitioner undertakes to co-operate in the case/ trial.
5. From the allegations levelled against the petitioner in the FIR it appears that the informant has alleged that the petitioner has cheated the informant and others of Rs. 12 lakhs in the name of providing jobs. The petitioner was granted interim bail by this Court.
6. Considering the judgment of Hon'ble Supreme Court in the case of Deepak Kumar Shrivas and Anr. vs. State of Chattisgarh and Ors. reported in (2024) 3 SCC 601, I am of the view that the offence as alleged against the petitioner is not made out, therefore, the interim bail granted to the petitioner is hereby confirmed.
7. Accordingly, the interim bail granted to the petitioner vide order dated 12.05.2025 is hereby confirmed and
Patna High Court CR. MISC. No.18798 of 2025(10) dt.11-03-2026 3/3 he will remain on the same bail bond as executed by him at the time of provisional bail.
8. This application is allowed.
(Sandeep Kumar, J) tusharika/- U T