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Patna High Court

Harinath Mishra @ Harinath MishraversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that, given the petitioner’s clean antecedents and lack of proven participation in the alleged fraud, he is entitled to anticipatory bail.

Summary

Petitioner Harinath Mishra was implicated in a criminal case (Laheriyasarai PS Case No. 614 of 2023) for alleged offences under Sections 406 and 420 of the IPC, accused of conspiring to defraud an informant of Rs. 20,00,000. He contended that he was innocent, explaining that he had sold land to a buyer who later arranged payment from the informant’s account without his knowledge, and that he had refused to deal with the informant due to his dubious reputation. The petitioner highlighted his clean antecedents and argued that he was falsely implicated. The State opposed the bail application. Considering the petitioner’s clean record and the circumstances suggesting lack of culpability, the Court granted anticipatory bail, directing release upon arrest within four weeks on a bail bond of Rs. 10,000 with two sureties, one of whom must be a close relative, under the inherent powers of the High Court.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail despite the allegations under Sections 406 and 420 IPC.
  • Whether the petitioner’s alleged involvement in the alleged fraud is sufficient to deny bail.

Legislation cited

Subjects

  • anticipatory bail
  • IPC 406
  • IPC 420
  • fraud
  • land sale
  • clean antecedents
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6040 of 2026
                 Arising Out of PS. Case No.-614 Year-2023 Thana- LAHERIYASARAI District- Darbhanga
                 ======================================================
                 Harinath Mishra @ Harinath Mishra S/O Late Buddhinath Mishra R/O
                 Vrindavan Yojana,Lucknow P.S- SGPGI, District- Lucknow.

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mrs.Shrishti Singh
                 For the Opposite Party/s :      Mr.Ajay Kumar Jha
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
                                       ORAL ORDER

2   04-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner is apprehending his arrest in

                   connection with Laheriyasarai P.S. Case No. 614 of 2023 for the

                   offence under Sections 406 and 420 of the I.P.C.

                                3. As per the prosecution story, the informant has

                   alleged that the all the F.I.R. named accused persons including

                   the present petitioner, by deceit and fraud, hatched a criminal

                   conspiracy to defraud him of Rs. 20,00,000/-.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. The true fact of the case is that the petitioner has

                   refused to sell the land to the informant whom he knew as

                   “Mahadeva” as he had a notorious reputation, and the land was
Patna High Court CR. MISC. No.6040 of 2026(2) dt.04-02-2026
                                            2/3




          sold through executed sale deed to one Smt. Rashmi Kumari.

          On the request of the buyer, the petitioner has accepted payment

          in multiple tranches, including one payment from the account of

          Rajesh Kumar Mishra, without being aware that the same was

          the account of the informant. The buyer namely, Shyamanand

          informed the petitioner that he was facing certain technical

          difficulties in effecting the transfer to the petitioner’s bank

          account and therefore, proposed to deposit the amount from the

          account of one of his family members. Upon enquiry, by the

          petitioner regarding such family member, Shyamananda

          informed that the said person was Rajesh Kumar Mishra

          (informant) and that he was his trusted aside. The petitioner was

          not aware that Rajesh Kumar Mishra and Mahadeva are the

          same person and petitioner has refused to enter into any

          transaction with Mahadeva on account of his dubious

          antecedents. As per para 3 of the bail application petitioner has

          clean antecedents.

                       5. Learned APP opposes the prayer for bail.

                       6. Keeping in view the aforesaid facts, and

          considering the clean antecedent of the petitioner, this Court is

          inclined to extend him the privilege of anticipatory bail.

                       7. Let the petitioner be released on bail in the event of
           Patna High Court CR. MISC. No.6040 of 2026(2) dt.04-02-2026
                                                       3/3




                     arrest or surrender within a period of four weeks from the date

                     of receipt of this order, on furnishing bail bond of Rs. 10,000/-

                     (Ten thousand) each with two sureties of like amount each to the

                     satisfaction of learned Chief Judicial Magistrate, Darbhang , in

                     connection with Laheriyasarai P.S. Case No. 614 of 2023

                     subject to the conditions as laid down under Section 482 of

                     B.N.S.S., as also with the condition that one of the bailors

                     should be close relative of the petitioner.



                                                (S. B. Pd. Singh, J)
Ankit Kumar/-

U      T


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