Take action against lawyer for cheating client: Patna HC

PATNA: The Patna high court has directed the state bar council to take appropriate action against lawyer Santosh Kumar Mishra for alleged embezzlement of Rs10.52 lakh of compensation amount given to his client couple against their only son’s death.
The accused lawyer was arrested on January 5 this year and is in jail for allegedly cheating his client.
A bench of Justice Rajeev Ranjan Prasad also rejected Mishra’s bail petition on October 27 while observing that he, in a manner, robbed his clients. The order was uploaded the next day. ADJ-I at Buxar had earlier rejected his bail application on June 23.
Lalan Pasi and his wife Sanjhariya Devi from Buxar had lost their son Gorakh Pasi in a railway accident more than four years ago. The couple belongs to scheduled castes. With Mishra’s help, they filed a claim before Railway Claims Tribunal, Patna, for compensation. The tribunal allowed the claim on January 3, 2017. However, after the compensation money was transferred into the couple's joint bank account, Mishra, taking advantage of their situation, transferred it into his own bank account as well as that of his wife Geeta Devi. Buxar police arrested him and his wife. However, she was later granted bail.
Justice Prasad granted a day’s time to Mishra on October 26 to return the amount. However, Mishra’s counsel Ajit Kumar submitted that the accused may return Rs5 lakh only. The court then rejected Mishra’s bail plea considering the misappropriation of money and breach of trust of a client.
Special public prosecutor (SC/ST Act) Usha Kumari opposed the bail. “Mishra had told that the money was yet not deposited. The couple then approached another lawyer. It then came to light that three separate cheques were used to transfer Rs10.52 lakh from their bank account to Mishra and his wife’s bank accounts,” she said.
Following this, an FIR was registered against Mishra and his wife with Dumraon police station in early 2019. They were arrested after complete investigation and when they didn’t return the money.