Surendra Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22448 of 2016 Arising Out of PS.Case No. -60 Year- 2011 Thana -JAMHORA District- AURANGABAD ====================================================== Surendra Mishra son of Mahesh Mishra, resident of village- Rudrapur, P.S.- Andhra Thadhi, District- Madhubani, at present residing at Street No. 136/K, Hospital Road, P.S.- Uttarpara, District- Hugli (West Bengal) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimal Kumar For the Opposite Party/s : Md. Fahimuddin(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 16-08-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Jamhore Police Station Case No. 60 of 2011, disclosing offences under Sections 406, 420 and 120(B) of the Indian Penal Code.

A Complaint petition filed by the informant is the basis for registration of First Information Report under Section 156(3) of the Cr.P.C.

The allegation against the petitioner is that he is one of the Directors of OCPL. The informant was advisor of the said Company. The Company is engaged in insurance business. Allegedly, the informant had deposited certain amount, collected

Patna High Court Cr.Misc. No.22448 of 2016 (5) dt.16-08-2016 2/3 from certain premium holders, in the company but the corresponding bond paper was not given by the company, to the premium holders. The petitioner and other accused persons are accordingly, said to have misappropriated the amount, deposited in the company.

Learned Counsel appearing on behalf of the petitioner has submitted that several cases have been registered against the petitioner with similar allegations and the petitioner has been granted privilege of anticipatory bail, in most of the cases.

Considering the submission as above, this application is allowed.

Let the petitioner, Surendra Mishra, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad, in connection with Jamhore Police Station Case No. 60 of 2011, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be,

Patna High Court Cr.Misc. No.22448 of 2016 (5) dt.16-08-2016 3/3 as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Amit/- U T