Akhilesh Jha @ Akhilesh Kumar Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70049 of 2022 Arising Out of PS. Case No.-284 Year-2021 Thana- MITHANPURA District- Muzaffarpur ====================================================== AKHILESH JHA @ AKHILESH KUMAR JHA Son of Krishna Jha @ Krishna Kant Jha Resident of village - Bhawanipur, P.S.- Pandaul, District - Madhubani Presently residing in front of Nayandeep Hospital Bela Raod, P.S.- Mithanpura, District - Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shreyash Bhardwaj, Advocate For the Opposite Party/s :
Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 04-05-2023 Heard learned counsel appearing on behalf of the parties.
The accused/petitioner is named in the F.I.R. and apprehend his arrest in connection with Mithanpura P.S. Case No.284 of 2021 registered for the offences punishable under Sections 420 and 406/34 of the Indian Penal Code. The allegation against the petitioner is to receive unauthorized money from vendors, taxi drivers and hawkers, etc. being Controlling Officer of business activities of Dainik Bhaskar News Paper, from Bettiah, Motihari, Sitamarhi, Madhubani, Darbhanga and Samastipur. It is also alleged thereof that joint account of petitioner with his wife showing extra Rs. 13,00,000/- as appears to be earned from unknown
Patna High Court CR. MISC. No.70049 of 2022(2) dt.04-05-2023 2/3 sources. Informant is HR head of Dainik Bhaskar, Muzaffarpur. Learned counsel appearing on behalf of the petitioner submitted that from entire narration of the FIR, it appears that basis of allegation is suspicion and presumptions. It is submitted that as petitioner found and suspected, deposit of Rs. 13,00,000/-, in bank account, lead to develop a misconception of illegal gratification, while dealing with business activity of Dainik Bhaskar. It is submitted that admittedly, petitioner is working since 1999 and no such allegation was ever raised against him. While travelling over the argument, it is submitted that out of official differences and just to tarnish the image of petitioner, the present case was lodged, where, except suspicion nothing survives against this petitioner, who is a man of clean antecedent.
Learned APP for the State, opposes the prayer of bail. Considering the aforesaid facts and circumstances of the case, as save and except suspicion nothing appears to survive on its face to implicate this petitioner with the present allegation, who is a man of clean antecedent, let above named petitioner, in the event of his arrest or surrender before learned Court below within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees
Patna High Court CR. MISC. No.70049 of 2022(2) dt.04-05-2023 3/3 Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-IX, East, Muzaffarpur /concerned Court, where the case is pending in connection with Mithanpura P.S. Case No.284 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Chandra Shekhar Jha, J) S.Katyayan/- U T