Bhudeo Mishra v. The State Of Bihar

Patna High Court Cr.Misc. No.28552 of 2014 (8) dt.07-09-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28552 of 2014 Arising Out of PS.Case No. -523 Year- 2012 Thana -ROHTAS COMPLAINT CASE DistrictSASARAM (ROHTAS) ======================================================

1. Bhudeo Mishra S/o Sri Bipin Mishra @ Bipin Bihari Mishra Resident of Village Durgadih, P.S. Bikramganj, District Rohtas at Sasaram. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dr. Chandra Shekhar Azad For the Opposite Party/s : Mr. Arun Kr.Pandey(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 07-09-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with a case registered for the offences punishable under Sections 406 of the Indian Penal Code.

Learned counsel for the petitioner submits that the entire allegation against the petitioner is false and mischievous and the same has been filed only to escape the liability of paying the salary of the petitioner for the period 2007-2010. After hearing learned counsel for the complainant and perusing the materials on record, I find that the entire allegations levelled against the petitioner is vague and indistinct. Moreover, the complainant having been entrusted the money to the petitioner

Patna High Court Cr.Misc. No.28552 of 2014 (8) dt.07-09-2015 in the year 2009, there was nothing to preclude him from taking appropriate recourse for recovery of the same soon thereafter, especially because the amount concerned was quite huge. There is also no particular reason assigned for not pursuing the matter between the years 2009-12.

Considering the aforementioned facts and also the fact that the petitioner has no criminal antecedent, let the petitioner Bhudeo Mishra, in the event of his arrest / surrender within a period of three weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the each amount to the satisfaction of the learned Judicial Magistrate, 1st Class, Bikramganj (Rohtas) in connection with Complaint Case No. 523 of 2012 subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Anjana Mishra, J) Saif/- U T