Rajesh Kumar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39942 of 2018 Arising Out of PS. Case No.-290 Year-2017 Thana- LALIT NARAYAN UNIVERSITY District- Darbhanga ====================================================== Rajesh Kumar Mishra, Son of Sri Mahavir Mishra, Resident of VillageSagarpur, Police Station- Sakari in the district of Darbhanga. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prabhu Narayan Sharma For the Opposite Party/s :

Mr. Md. Ashlam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 01-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in LNMU P.S. case no. 290 of 2017 instituted for the offence under Section(s) 420, 468 and 469 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that petitioner was earlier employee of the Mahindra Show room. He has left the job in the Month of July, 2017 due to non payment of salary.

The instant FIR has been lodged on 1.12.17 levelling allegation that he received money from some of the customers for registration of the vehicle and those registration certificates were found forged.

Patna High Court Cr.Misc. No.39942 of 2018(3) dt.01-08-2018 2/3 Learned counsel for the petitioner has submitted that during investigation not a single such certificate was produced. Learned APP for the State has submitted that some of the certificates are enclosed with the FIR.

Learned counsel for the petitioner submits that there is dispute between the customers and Mahindra Show Room authority for issuance of such alleged forged certificates. The informant has falsely implicated this petitioner in the aforesaid occurrence although he had already left the job in the month of July, 2017 for non payment of the salary. The alleged dispute is between the Mahindra Show Room authority and the customers.

In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with LNMU P.S. case no. 290 of 2017, G.R. No. 3431 of 2017 he shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the CJM, Darbhanga, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions:(1) bailors should be local having sufficient

Patna High Court Cr.Misc. No.39942 of 2018(3) dt.01-08-2018 3/3 immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) shyambihari/- U T