Shashi Shekhar Mishra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67574 of 2022 Arising Out of PS. Case No.-14 Year-2022 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== Shashi Shekhar Mishra Son of Bipin Bihari Mishra Resident of MohallaLaluchak Angari, P.S- Ishakchak, Dist- Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sourendra Pandey, Adv.
For the Opposite Party/s :
Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 27-02-2023 Let the defect(s), if any, be removed within two weeks from today.
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Kotwali P.S. Case No. 14 of 2022 lodged under Sections 406, 420, 467, 468 of the I.P.C.
As per the prosecution case, the allegation against the petitioner is that he was working in a firm, namely, Sri Krishna Distributor at Chunihari, Bhagalpur. It has been alleged that he has grabbed Rs.41,06,868/- of the distributorship firm in which he was working. It has been mentioned in the F.I.R. that the said accused has accepted that there was discrepancy in the account,
Patna High Court CR. MISC. No.67574 of 2022(2) dt.27-02-2023 2/3 i.e. Rs. 10,49,835/- which the petitioner has accepted. Learned counsel for the petitioner submits that antecedent of the petitioner is clean and he is in custody since 18.05.2022. Counsel further submits that the petitioner has not been arrested, rather as soon as it has figured to him that there is missing in the calculation of account and for which, criminal case has been filed, he himself surrendered on 18.05.2022. Charge sheet has already been filed in this case. Counsel submits that petitioner is ready to settle the account with the informant.
Learned counsel for the State opposes the prayer for bail.
In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Bhagalpur in connection with Kotwali P.S. Case No. 14 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:
A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date
Patna High Court CR. MISC. No.67574 of 2022(2) dt.27-02-2023 3/3 fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.
B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the petitioner.
With this observation, the bail application stands allowed.
(Dr. Anshuman, J.) sadique/- U T