Bihari Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 34024 of 2018 Arising Out of PS. Case No.-579 Year-2017 Thana- Amarpur District- Banka ====================================================== Bihari Mishra, son of Bhuwneshwar Mishra, resident of village Kushmaha P.S. Amarpur District Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhananjay Kumar Pandey For the Opposite Party/s :

Mr. Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 4.

08-08-2018 Heard Sri Dhananjay Kumar Pandey, learned counsel for the petitioner and Sri Umanath Mishra, learned Addl. Public Prosecutor.

The sole petitioner, who is in custody only since 20-02-2018 that too after being remanded in the present case from another case, has prayed for grant of bail in Amarpur P.S. Case No. 579 of 2017 registered for offence under Sections 406, 420, 467, 468 of the Indian Penal Code.

Earlier, a report was called for regarding stage of the case as well as readable photocopy of the case diary was summoned, which have been received and kept on record. Sri Mishra, learned Addl. Public Prosecutor, by way of referring to fact disclosed in the case diary, submits that it is specific case that petitioner had committed fraud with

Patna High Court Cr.Misc. No.34024 of 2018(4) dt.08-08-2018 2/2 handicapped persons and in their name, fraudulently got loan and misappropriated the same. He further submits that petitioner appears to be habitual offender of such nature of case and this is the reason that in paragraph - 3 of the petition, it has been indicated that he is accused in other three cases also. Learned counsel for the petitioner tried to persuade the Court that petitioner has falsely been implicated and he has substantially remained in custody.

Considering the nature of accusation as well as the fact that petitioner is having antecedent of similar nature, there is no reason to pass favourable order.

The prayer for bail stands dismissed.

(Rakesh Kumar, J.) anay U T