Ashirwad Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48793 of 2022 Arising Out of PS. Case No.-72 Year-2022 Thana- KORANSARAI District- Buxar ====================================================== Ashirwad Mishra S/O Daroga Mishra R/O Village- Pandeypur, P.S.- Sikraul, District- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-08-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. In spite of valid service of notice, none appears on behalf of the informant.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 406, 420, 467, 468, 471, 472, 506, 120(B)/34 of the Indian Penal Code.

It is alleged against the petitioner that he withdrew Rs. 27,43,603/- fraudulently from the

Patna High Court CR. MISC. No.48793 of 2022(6) dt.29-08-2023 2/3 informant's father through UPI.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. There is no documentary proof with regard to transfer of amount. From the account of the informant' father only Rs. 3,29,697.75/- was withdrawn. Moreover, good sense has prevailed between the parties and both sides have compromised the issue. A supplementary affidavit to that effect has been filed. The petitioner is languishing in custody since 07.06.2022.

Learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial

Patna High Court CR. MISC. No.48793 of 2022(6) dt.29-08-2023 3/3 Magistrate, Buxar in connection with Koransarai P.S. Case No. 72 of 2022.

(Sunil Kumar Panwar, J) Shageer/- U T