Manoj Kumar Mishra And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43643 of 2014 Arising Out of PS.Case No. -105 Year- 2014 Thana -SIKANDARA District- JAMUI ======================================================

1. Manoj Kumar Mishra Son of Gajadhar Mishra Resident of VillageGoura, P.S.-Halsi, District-Lakhisarai.

2. Sanjeet Kumar @ Vijay Kumar Son of Banke Chaurasiya, Resident of Village-Himachaldih, P.S.-Halsi, District-Lakhisarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prakash Kumar For the Opposite Party/s : Mr. Md.Nazir Ansari (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 16-04-2015 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. The petitioners are apprehending their arrest in Sikandara P.S. Case No.2014/14 for the offences under Sections 406, 420 and 120(B) of the I.P.C.

Learned counsel for the petitioners submits that the petitioners are neither an employee of the Company, namely, Wave Infra Project limited, Branch Office, Sikandara, nor they are any way connected with the said Company as Director or Owner. He further submits that, in fact, he is one of the victims who has been defrauded by the said Company inasmuch as when he was made to deposit Rs.4/- lacs and above in the said Company and on

Patna High Court Cr.Misc. No.43643 of 2014 (3) dt.16-04-2015 2/2 account of the fact that the Company has closed down its office, has sustained huge pecuniary loss. Learned counsel for the petitioners further submits that the petitioners have been roped in the present case only because of the fact that the complainant came to petitioners' house and enquired about the branch office of the Company whereupon the petitioners told that they too had deposited certain amounts in the Branch Office. It is further submitted that at no point of time petitioners assured him to return the money as he had not taken the said amount of the complainant rather the said amount had been deposited with the said Company itself.

Considering the aforesaid submissions and also the fact that the petitioners have no criminal antecedent, let the petitioners, above named, in the event of their arrest or surrender before the court below within two weeks from today, be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of the C.J.M., Jamui, in Sikandara P.S. Case No.105 of 2014 subject to the conditions as laid down under Section 438(2) of Cr.P.C. (Anjana Mishra, J) AnilKrSinha/- U T