Jitendra Mishra Bhikshu @ Jitendra Mishra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29285 of 2014 Arising Out of PS.Case No. -1498 Year- 2000 Thana -PURNIA COMPLAINT CASE DistrictPURNIA ====================================================== Jitendra Mishra Bhikshu @ Jitendra Mishra S/o Shashi Bhushan Mishra Resident of village- Chandpura, P.S.- Chandpura, District- Begusarai .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dhananjaya Nath Tiwari, Adv For the Opposite Party/s : Mr. Mukesh Kumar Singh, App ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 08-01-2015 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is in custody since 01.06.2014 in connection with Complaint Case No. 1498 of 2000 registered for the offences punishable under Sections 420, 120B of the Indian Penal Code.
The allegation against the petitioner is that he was the Managing Director of a non-banking company namely, Bihar Peoples Finance Co. Ltd having its Head Office at Begusarai. On the assurance of the petitioner, the complainant was given the job of collecting money from private agents and deposit the same in
Patna High Court Cr.Misc. No.29285 of 2014 (4) dt.08-01-2015 2/3 the name of the petitioner who was the then Managing Director of the aforementioned company. It is submitted on behalf of the petitioner that even as per the complaint petition so long as he was Managing Director of the company, the amount which were deposited, on its maturity, were given to the concerned beneficiaries. However, it is alleged in the complaint petition that the accused nos. 2 to 5 ran away. The petitioner has been named as accused no. 1.
On perusal of the complaint petition it appears that the period during which anomaly had occurred in taking the money deposited in the said non-banking company was between the period June 1998 to till date. Learned counsel for the petitioner however, submits that the petitioner was Managing Director from July 1997 to September 1997 where after other persons were nominated as such and a new Board of Directors were created. Considering the aforementioned submissions and also after perusal of the complaint petition, it is evident that there is no specific allegation against this petitioner and the petitioner is in custody since 01.06.2014, let the petitioner, Jitendra Mishra Bhikshu @ Jitendra Mishra be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like
Patna High Court Cr.Misc. No.29285 of 2014 (4) dt.08-01-2015 3/3 amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Purnea in connection with Complaint Case No. 1498 of 2000 subject to the condition that the petitioner shall cooperate in the trial at the relevant dates on which he is required to be present.
(Anjana Mishra, J) Prakash/- U T