Patna High Court - Orders
Pawan Kumar Mishra @ Anurag vs State Of Bihar on 9 September, 2010
Author: Samarendra Pratap Singh
Bench: Samarendra Pratap Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr. Misc. No.26064 of 2010
PAWAN KUMAR MISHRA @ ANURAG S/o Vijay Kumar Mishra
Versus
STATE OF BIHAR
with
Cr . Misc. No.27871 of 2010
VIJAY KUMAR MISHRA S/o Late Ganesh Mishra
Versus
STATE OF BIHAR
-----------
4/ 09.09.2010Since both the applications have arisen out of one and the same police case, they have been heard together and are being disposed of by this common order.
Petitioner, Pawan Kumar Mishra (in Cr. Misc. No. 26064 of 2010) is the son of Vijay Kumar Mishra, who is petitioner in Cr. Misc. No. 27871 of 2010 The informant stated that he came to learn that Vijay Kumar Mishra, an employee of Water Resources Department, uses to provide a job on payment of Rs. 1,50,000/-. As the accused were known to the informant from before, he approached him and paid a sum of Rs. 3,74,000/- for securing jobs in Post and Telegraph Department and the accused assured them to get appointment letters very soon. On 10.04.2008, the informant and others received the appointment letters which are annexed to the First Information Report.
Learned counsel for the petitioners submits that the date of occurrence is 10.04.2008 and the First Information Report has been lodged on 28.05.2010. He further submits that the informant himself has annexed the appointment letters of September, 2004. On that basis, learned counsel submits that the 2 basis of the informant's claim of taking money by the petitioners for providing employment gets falsified. He further submits that no one can give joining after four years of receipt of appointment letters. He further submits that Vijay Kumar Mishra does not belong to postal department rather he is employed in Water Recourses Department.
Counsel for the informant as well as State opposes the prayer for bail. They submit that the informant and other witnesses stated that they have given money to the accused persons for seeking employment.
Having regard to the facts and circumstances of the case, petitioners, named above, are directed to be released on bail on furnishing bail bond of Rs. 15,000/- (Fifteen thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Patna City, Patna in connection with Agam Kuan P.S. case no. 101 of 2010 with the condition that one of the sureties of both the petitioners would be in form of cash deposit. Furthermore, they will not physically absent for two consecutive dates at stretch, till three witnesses are examined.
(Samarendra Pratap Singh, J.) Uday/