Ajay Kumar Mishra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31427 of 2018 Arising Out of PS.Case No. -7 Year- 2017 Thana -MANIGACHI District- DARBHANGA ====================================================== Ajay Kumar Mishra S/o Devendra Mishra, R/o Vill.- Maghoul, P.S.- Pandaul, District- Madhubani.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Lalit Narayan Jha For the Opposite Party/s : Mr. Bal Mukund Prasad Sinha For the Informant : Mr. Shambhunath Jha, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 22-05-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case registered for the offence punishable under Sections 406 and 420/34 of the Indian Penal Code.
Petitioner happens to be Manager of the JCSSS Limited, Branch Darbhanga and on assurance of the petitioner to give lucrative dividend, informant deposited Rs. 44200/- in the aforesaid firm through its agent namely Bihari Yadav but on maturity the petitioner refused to pay back his money along with the interest.
It is submitted by learned counsel for the petitioner
Patna High Court Cr.Misc. No.31427 of 2018 (2) dt.22-05-2018 2/2 that the petitioner happens to be Manager of the aforesaid firm hailing to Ugranath Jha and Rakesh Kumar Jha. He happens to be mere employee of the said firm. The money deposited in the account of firm has also not been collected by the petitioner rather by its agent. Thus the petitioner has no concern with the aforesaid occurrence. Petitioner does not happen to be beneficiary of the aforesaid amount. The informant has compromised the matter with the aforesaid agent. Petitioner has been languishing in custody since 28.03.2018.
Learned APP for the State and learned counsel for the informant opposed the bail petition.
Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Darbhanga in connection with Manigachi P.S. Case No. 07 of 2017.
(Prakash Chandra Jaiswal, J) Mishra/- U T