Amit Mishra @ Amit Kumar Mishra And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45461 of 2017 Arising Out of PS. Case No.-640 Year-2016 Thana- PURNIA COMPLAINT CASE DistrictPurnia ====================================================== 1.

Amit Mishra @ Amit Kumar Mishra son of Mahesghwar Mishra, resident of Village & P.S.- Uda Kishunganj, DistrictMadhepura. 2.

Mithilesh Kumar Jha son of Late Shashikant Jha, Permanent resident of Village & P.O.- Basantpur, P.S.- Rupauli, DistrictPurnea. at present, resident of Village- Bithaily, P.O.- Kamalpur, P.S.- Barhara Kothi, District- Purnea.

3.

Naresh Kumar Jha son of Late Shashikant Jha, resident of Village & P.O.- Basantpur, P.S.- Rupauli, District- Purnea. 4.

Vinay Kumar Jha son of Late Shashikant Jha, Permanent resident of Village & P.O.- Basantpur, P.S.- Rupauli, District- Purnea. at present, resident of House no.- 24/4, mohalla- University Colony, Bariyatu Road, P.S.- Bariyatu, District- Ranchi. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Subhash Prasad Jaiswal, son of Kamleshwari Prasad Jaiswal, resident of Mohalla- Newalal Chowk, P.S.- Maranga, District- Purnea. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Kumar Jha For the Opposite Party/s :

Mr. RAJKISHORE SINGH ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-09-2017 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 406, 420/34 of the Indian Penal Code. Allegation is that the accused persons including the petitioners grabbed Rs.1,17,50,000/- of the complainant and fled away taking the amount.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no

Patna High Court Cr.Misc. No.45461 of 2017(2) dt.22-09-2017 2/2 allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The allegation of transaction of money is alleged against the co-accused, namely, Shyamal Kishore Jha. No money has been entrusted to the petitioners. No wrongful gain or wrongful loss has been caused on the part of the petitioners. Petitioners have been made accused merely on the basis that they are the associates of Shyamal Kishore Jha. On behalf of the State, it is submitted that the petitioners are named in the complaint case.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Purnea in connection with Complaint case bearing C.A. No.640 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Narendra/- (Sudhir Singh, J) U T