Uday Nath Jha @ Vishnu Ji v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38358 of 2024 Arising Out of PS. Case No.-34 Year-2024 Thana- LALIT NARAYAN UNIVERSITY District- Darbhanga ====================================================== Uday Nath Jha @ Vishnu Ji S/o- Late Ghan Dutta Jha @ Ghanadatt Jha Village- Kalyani Niwas, Kameshwar Nagar Ps- LNMU, Campus DistDarbhanga Kalyani House Behind 7Man Singh Road Central Delhi Nirman Bhawan, P.S.- Tuglak Road Delhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 41843 of 2024 Arising Out of PS. Case No.-34 Year-2024 Thana- LALIT NARAYAN UNIVERSITY District- Darbhanga ====================================================== Kedar Nath Mishra Son Of Mahashya Mishra Village- Subhankarpur, New Colony Chataria, Ps- Sadar, Dist- Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 38358 of 2024) For the Petitioner/s :
Mr. Arbind Kumar Jha, Adv.
For the State :
Mr. Mohammed Arif, APP For the Informant Mr. Mukesh Kant, Adv.
Mr. Ashish Anand, Adv.
(In CRIMINAL MISCELLANEOUS No. 41843 of 2024) For the Petitioner/s :
Mr. Arbind Kumar Jha, Adv.
For the State :
Mr. Lalan Kumar, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-12-2024 Heard learned counsel for the petitioners, informant and learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest under Sections 406, 379, 420, 120B, 408, 409, 418 and 419 of the Indian Penal Code.
3. Petitioners are said to have committed criminal breach of trust with regard to illegally selling the property of the
Patna High Court CR. MISC. No.38358 of 2024(5) dt.02-12-2024 2/3 trust being agent of Maharani Kamsundari and employee of the trust by taking advantage of her old age.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that there is no specific overt act against the petitioners. He submits that the police has already seized all gold and silver of the trust on production by Gold Smith Satrudhan Prasad. He submits that since the jewellery of the Goddess had become so old, the Maharani decided to make it new one and had decided to melt it. There is no role of the petitioners in the alleged occurrence. He further submits that petitioners have no criminal antecedent as stated in para-3 of the bail application.
5. Learned APP for the State and informant oppose the prayer for bail. Learned counsel for the informant submits that precious jewellery and stone of the various temples have been sold by the petitioners by committing breach of trust by taking advantage of old age of the Maharani.
6. Considering the facts and circumstances of the case and the fact that there is ample evidence against the petitioners in the case diary, I am not inclined to enlarge the petitioners on bail. Accordingly, their prayer for anticipatory
Patna High Court CR. MISC. No.38358 of 2024(5) dt.02-12-2024 3/3 bail is rejected in connection with University Thana P.S. Case No. 34 of 2024.
(Anjani Kumar Sharan, J) devendra/- U T