Santosh Kumar Mishra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66268 of 2025 Arising Out of PS. Case No.-370 Year-2025 Thana- LAHERIYASARAI District- Darbhanga ====================================================== Santosh Kumar Mishra S/o Late Laliteshwar Mishra @ Late Lalteshwar Mishra R/o vill- Kharajpur, P.S.- Bahadurpur, Distt.- Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Thakur- Advocate Ms. Vaishnavi Singh- Advocate For the Opposite Party/s :
Mr. Mritunjay Kumar Nirala- A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 14-10-2025
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 316(5), 318(4), 338, 336(2), 340(2), 3(5) of B.N.S.
3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that on instruction of D.D.C., the FIR is being instituted against the named accused persons including the petitioner with an allegation that during course of inquiry, it came to light that based on fake signature of Anil Kumar, the then District Engineer, Zila Parishad, Darbhanga, on work orders, 148 Schemes were issued.
Patna High Court CR. MISC. No.66268 of 2025(3) dt.14-10-2025 2/3
4. The learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is next submitted that prior to institution of the instant FIR, the petitioner was issued show-cause dated 29.05.2025 contained in Memo No.2 and the same was replied by the petitioner by his reply dated 02.06.2025, but then, without considering the reply of the petitioner, the instant FIR came to be instituted. It is also submitted that petitioner is a Head-clerk and has no role in issuing work orders. Further, signature of Anil Kumar was not verified nor he has been made an accused. It is also submitted that it is not the case of the prosecution that any financial loss was caused to the Zila Parishad. It is next submitted that petitioner will not abscond rather will cooperate in the investigation to prove his innocence.
5. Learned A.P.P. opposes the anticipatory bail application.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.66268 of 2025(3) dt.14-10-2025 3/3 satisfaction of the learned Chief Judicial Magistrate, Darbhanga in connection with Laheriasarai P. S. Case No.370 of 2025, subject to the conditions laid down under Section 482(2) of the BNSS.
7. The application stands allowed.
(Satyavrat Verma, J) vikash/- U T