Navneet Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48190 of 2024 Arising Out of PS. Case No.-572 Year-2021 Thana- ARARIA District- Araria ====================================================== Navneet Mishra SON OF KAMLA SHANKAR MISHRA R/O VILLAGEMAKAN NO. 100/ HOLIFAITH SCHOOL, KABIRNAGAR, PSKABIRNAGAR, DIST- RAIPUR, CHHATISGARH, PIN-492099. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Kanchan Jha, Jha For the Opposite Party/s :

Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 08-08-2024

1. Heard learned counsel for the parties.

2. The petitioner in this application prays for bail apprehending his arrest in connection with Araria P.S. Case no.572 of 2021 registered for the offence punishable under sections 420 and 406 of the Indian Penal Code.

3. As per the prosecution case, the informant states that he is authorized to work in Government contract and on different occasions they had been taking rail pole from the petitioner herein. It is further stated that inspite of having paid Rs.16.5 lacs through RTGS to the petitioner, neither he received the rail pole against the said amount nor did he receive his money back. Hence the instant application.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.48190 of 2024(2) dt.08-08-2024 2/2 the petitioner has been falsely implicated in the case. From the contents of the FIR itself, it would transpire that the dispute, if any, is purely civil in nature over business transaction between the parties. The petitioner has no criminal antecedent and undertakes to cooperate in the case.

5. The application for bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner in the FIR together with the submissions made by learned counsel for the petitioner and the petitioner not having any criminal antecedent, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Araria P.S. Case no.572 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Araria, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

(Partha Sarthy, J) Saurabh/- U T