Madhu Kant Mishra And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.55675 of 2017 Arising Out of PS.Case No. -695 Year- 2016 Thana -KANKARBAGH District- PATNA ======================================================
1. Madhu Kant Mishra, son of Sri Mrinal Kant Mishra, village+ P.O. Arandi, P.S. Meshkaur, District-Nawada.
2. Lalan Singh, son of Late Bindeshwar Singh, resident of villageKarnapura, P.S. Gopalpur (Sampatchak), District-Patna. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ----------- 27-11-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Kankarbagh P.S. Case No.695 of 2016 registered under Sections 447, 504, 506, 406, 420 and 120B of the Indian Penal Code read with Section 138 of the N.I. Act.
The accusation is that Rajiv Saraf, Kisan Lal Saraf, Ajay Saraf and these petitioners alongwith others, named in the F.I.R., came at the company, namely, Gramin Infotech Private Limited, of the informant Gajanand Pandey and asked the informant to invest some money in Rishikul Institute ran by them. Thereafter, the informant paid Rs.90,00,000/- through cheques on their
Patna High Court Cr.Misc. No.55675 of 2017 (2) dt.27-11-2017 2/3 assurance that the benefit on high interest would be paid to him but neither the benefit was given nor the money was returned to the informant. On repeated demand, the cheque was issued but, on presentation in the Bank, the same was bounced. When the informant went to the office of Rishikul Institute, he was threatened by all the accused, named in the F.I.R., including the petitioners, at the point of pistol, knife and iron rod. Learned counsel for the petitioners submits that, in fact, Rishikul Institute is being run by Rajiv Saraf, who is the Director of the said Institute. The petitioners are Peons in the Rishikul Institute but they have also been falsely implicated in this case. Further submission is that Rajiv Saraf, who is said to be the Director of the Rishikul Institute and issued cheque in favour of the informant, has already been granted the privilege of bail by a Bench of this Court vide order dated 17.10.2017 passed in Criminal Misc. No.48992 of 2017.
Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Smt. Madhvi Singh, Judicial Magistrate, First
Patna High Court Cr.Misc. No.55675 of 2017 (2) dt.27-11-2017 3/3 Class, Patna, in connection with Kankarbagh, P.S. Case No.695 of 2016, subject to the conditions laid down under Section 438(2) Cr.P.C.
(Rajendra Kumar Mishra, J) P.S./- U T