The High Court at Patna granted anticipatory bail to the petitioner in PS Case No. 658 of 2022 under IPC Sections 406 and 420, allowing arrest within six weeks subject to a bail bond and sureties.
Petitioner enlarged on bail upon surrender within six weeks, furnishing a bond of Rs. 20,000 with two sureties of the like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.29874 of 2023
Arising Out of PS. Case No.-658 Year-2022 Thana- GARDANIBAG District- Patna
======================================================
Manish Mishra @ Manish Kumar Mishra Son Of Anirudh Mishra Resident Of Village- Harnichak, Near Satya Gas Godown, Ps- Beur, Distt- Patna
... ... Petitioner/s
Versus
The State of Bihar BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Abhay Kumar Pandey, Advocate For the Opposite Party/s : Mr. Manoj Kumar, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
6 07-11-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.
2 . Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
3 . The petitioner is apprehending his arrest in a case in connection with Gardanibagh P.S. Case No. 658 of 2022 dated 05.11.2022 registered for the offence/s punishable u/ss 406 and 420 of the Indian Penal Code.
4 . As per the prosecution case, the petitioner and the co-accused persons are alleged to have indulged in deceiving public for providing job under Rajnish Consultancy.
5 . Learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.29874 of 2023(6) dt.07-11-2023 2/2
that the petitioner has falsely been implicated in this case. Learned counsel has further submitted that no one has ever complained to the police that the informant has cheated him. There is no documentary evidence that the petitioner is the owner of the said Consultancy. The petitioner has no criminal antecedent as stated at para 3 of the bail petition.
6 . Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.
7 . Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Patna in connection with Gardanibagh P.S. Case No. 658 of 2022, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.
8 . The application stands allowed.
(Chandra Prakash Singh, J)
guddukr/-
U T
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner in connection with charges of cheating and criminal breach of trust.
1 provisions across 1 enactments
Manish Mishra @ Manish Kumar Mishra
The State of Bihar
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
