Ranjeet Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26236 of 2020 Arising Out of PS. Case No.-103 Year-2019 Thana- BARHARIA District- Siwan ====================================================== RANJEET MISHRA Son of Rajeshwer Mishra Residence of Panpur, P.S.- Badhariya, Distt.- Siwan ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sushil Kumar For the Opposite Party/s :

Mr. Ram Bilash Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-10-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and Shri Ram Bilash Rai, learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Badhariya P.S. Case No. 103 of 2019 for the offence registered under Sections 420, 406, 467, 468 and 471 of the Indian Penal Code.

The allegation is regarding the accused persons having fraudulently taken a sum of Rs. 1,20,000/- from the informant for the purposes of sending the informant abroad, however, the accused persons instead of sending him on employment visa had

Patna High Court CR. MISC. No.26236 of 2020(2) dt.19-10-2020 2/3 sent him on tourist visa.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and is having a clean antecedent. It is further submitted that there is no chit of paper on record to show that any amount was paid by the informant to the accused persons including the petitioner herein.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the fact that the petitioner is having a clean antecedent and moreover there is no proof on record to show that money was paid to the accused persons including the petitioner herein by the informant, I deem it fit and proper to admit the petitioner to the privilege of anticipatory bail.

Accordingly, the petitioner, above named, is directed to be released on anticipatory bail in the event of his arrest/surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.26236 of 2020(2) dt.19-10-2020 3/3 satisfaction of learned Chief Judicial Magistrate, Siwan in connection with Badhariya P.S. Case No. 103 of 2019 subject to the conditions as stipulated under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) S.Sb/- U T