Mithilesh Kumar Mishra @Mithilesh Kumar @ Dr. Mithilesh Kumar Mishra v. The State of Bihar

Patna HC16 Apr 2024CR. MISC./19728/2024

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What is this about?

Patna High Court Criminal Miscellaneous No. 19728 of 2024, decided 16-04-2024 by Satyavrat Verma, J. Anticipatory bail (S. 438 CrPC) allowed in Complaint Case No. 721(C)/PS Case No. 721 of 2021, Patna, involving Sections 379, 406, 420 IPC; counsel characterised the FIR as a civil dispute over unpaid construction dues (Rs. 66,91,000/- contracted, Rs. 8,25,000/- outstanding) dressed in criminal colour; bail bond Rs. 5,000 with two sureties, JMFC Danapur, Section 438(2) CrPC conditions apply.

What did the court decide?

Anticipatory bail granted: petitioner to be released on arrest or surrender within six weeks on furnishing bail-bond of Rs. 5000/- with two sureties of the like amount each, subject to Section 438(2) Cr.P.C. conditions. ¶¶27

Mithilesh Kumar Mishra @Mithilesh Kumar @ Dr. Mithilesh… — Anticipatory Bail | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.19728 of 2024

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Arising Out of PS. Case No.-721 Year-2021 Thana- PATNA COMPLAINT CASE DistrictPatna

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Mithilesh Kumar Mishra @Mithilesh Kumar @ Dr. Mithilesh Kumar Mishra Son Of Uday Kant Mishra Resident Of Village-Basti Road, Infront Of Masjid, Maner, PS- Maner, Dist- Patna.

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... ... Petitioner/s

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Versus

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The State of Bihar

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Sridhar Pathak Son Of Dhrutidhar Pathak Resident Of Village - Vishnu Lane, Panchal Nagar, Takiyapar Danapur, Patna

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... ... Opposite Party/s

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Appearance :

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For the Petitioner/s : Mr.Prabhakar Singh, Advocate For the Opposite Party/s : Mr.Rajendra Prasad Nat, APP

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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2 16-04-2024

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Heard learned counsel for the petitioner as well as learned APP for the State.

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The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 379, 406, 420 of the Indian Penal Code.

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The learned counsel for the petitioner submits that petitioner has antecedent of one case and has been falsely implicated in the instant case by the complainant.

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It is next submitted that from perusal of the allegation as alleged in the FIR, it would manifest that the dispute is purely civil to which a criminal colour has been given.

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Patna High Court CR. MISC. No.19728 of 2024(2) dt.16-04-2024 2/3

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It is next submitted that in sum and substance the allegation as alleged in the complaint is that the complainant alleges that the petitioner had approached the complainant for getting his clinic constructed for an amount of Rs.66,91,000/-, but then after the work was done the petitioner did not pay the entire amount. It is also alleged that as of date Rs.8,25,000/- is still due. It is next submitted that the petitioner disputes the said allegation of the complainant and submits that in the event, if the complainant is aggrieved by the fact that some monetary dues still remains to be paid, in that event the appropriate remedy is to approach a court of competent civil jurisdiction. It is next submitted that criminal courts should not be used as a tool for creating pressure for recovering money.

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The learned APP opposes the anticipatory bail application.

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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.5000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, First Class,

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Patna High Court CR. MISC. No.19728 of 2024(2) dt.16-04-2024 3/3

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Danapur, Patna in connection with Complaint Case No.721(C) of 2021, subject to the conditions laid down under Section

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438(2) of the Cr.P.C.

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The application stands allowed.

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(Satyavrat Verma, J)

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Prakash Narayan U T

Mithilesh Kumar Mishra @Mithilesh Kumar @ Dr. Mithilesh Kumar Mishra v. The State of Bihar

Case brief

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Mithilesh Kumar Mishra @Mithilesh Kumar @ Dr. Mithilesh Kumar Mishra v. The State of Bihar

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