Akhilesh Mishra v. The State Of Bihar
Patna High Court Cr.Misc. No.14509 of 2015 (2) dt.09-04-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14509 of 2015 Arising Out of PS.Case No. -404 Year- 2014 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ======================================================
1. Akhilesh Mishra son of Late Satyendra Mohan Mishra, Resident of Mohalla- Kalighat Lane, Adampur, P.S.- Adampur, District- Bhagalpur .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dr. Manoj Kumar For the Opposite Party/s Mr. Anand Kishore Choudhary (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 09.04.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.
Petitioner apprehends his arrest in connection with Kotwali (Adampur) P. S. case no. 404/2014 registered under sections 420, 406, 467 and 468/34 of the Indian Penal Code.
It would appear from perusal of the first information report itself that Rs 50,000/- as advance part consideration money was deposited in the account of co-accused Rajesh Mishra and furthermore, first information report reflects that it was co-accused Rajesh Mishra who took advance from different persons for selling lands in question and sold some part of lands in question. So far as the petitioner is concerned, it is only stated that he took Rs one lakh through cheque from the informant for urgent work. In the first information report, informant has, nowhere, stated that the aforesaid amount was taken by the petitioner in lieu of
Patna High Court Cr.Misc. No.14509 of 2015 (2) dt.09-04-2015 negotiation of sale of land.
Accordingly, this anticipatory bail petition is allowed and it is ordered that in the event of arrest/ surrender within four weeks from the date of receipt of this order to the concerned court, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhagalpur in Kotwali (Adampur) P. S. case no. 404/2014 subject to condition as laid down under section 438(2) of the Cr.P.C.
shahid (Hemant Kumar Srivastava,J) U T