Ravi Kishan Mishra @ Ravi Kisan Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31028 of 2024 Arising Out of PS. Case No.-374 Year-2022 Thana- BAHERA District- Darbhanga ====================================================== Ravi Kishan Mishra @ Ravi Kisan Mishra, Male, aged about 26 years, S/oRavindra Mishra, R/O Village- Sangat Chauk Madhepura, P.S.- Madhepura, Dist- Madhubani.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Mritunjay Kumar, Advocate For the Opposite Party :

Mr. Uday Pratap Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Bahera P.S. Case No. 374 of 2022 dated 24.08.2022 registered for the offences punishable under Sections 379, 406 and 420 of the I.P.C.

3. As per the prosecution case, the informant is working at Benipur in 'Bharat Financial Inclusion Limited' as a subsidiary company of 'Ind-Sind Bank'. The petitioner had joined as Field Assistant in the said company in the year 2019 and had worked for 27 months on this post and during this period, he had collected Rs. 14,80,241/- from 97 persons but instead of depositing this money in the account of the said

Patna High Court CR. MISC. No.31028 of 2024(4) dt.18-07-2024 2/3 company, he has received the money. The different persons who had availed loan from the company had paid the aforementioned amount as a pre-payment of their existing loan. When this fact was revealed to the company then the company got its account audited and found that the petitioner had closed the loan of 97 persons and fled away with the money amounting to Rs. 14,80,241/-.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is submitted that the petitioner was appointed as Field Assistant and as such he was not the collection agent and the repayments made by the members are paid to the company and the officials of the company and in order to save their skin, the petitioner has falsely been implicated in the present case. It is further submitted that the occurrence took place on 16.03.2022 and the F.I.R. has been instituted on 24.08.2022 after lapse of about five months for which no explanation has been given by the prosecution. There is no recovery of single rupees from the possession of the petitioner or from his account as the huge amount is alleged to be grabbed. The charge sheet has already been submitted in the present case and no substantive material is on the record to show the involvement of

Patna High Court CR. MISC. No.31028 of 2024(4) dt.18-07-2024 3/3 the petitioner in the present case. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 20.01.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, this Court is not inclined to grant bail to the petitioner and the same is rejected in connection with Bahera P.S. Case No. 374 of 2022, pending in the court of learned A.C.J.M.-I, Benipur, Darbhanga.

7. The application stands rejected.

8. The court below is directed to conclude the trial of the petitioner at the earliest.

(Chandra Prakash Singh, J) U.K./- U T