Dipak Kumar @ Deepak KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10759 of 2026
                       Arising Out of PS. Case No.-415 Year-2025 Thana- BODHGAYA District- Gaya
                 ======================================================
                 Dipak Kumar @ Deepak Kumar Son of Mahesh Saw @ Mahesh Sao Resident
                 of Village - Bakrour, P.S. -Bodhgaya, Dist. -Gaya Ji (Bihar).
                                                                                ... ... Petitioner/s
                                                    Versus
                 The State of Bihar.                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Amarendra Narayan, Advocate
                 For the Opposite Party/s :       Mr.Anuj Kumar Shrivastava, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   24-02-2026                    Heard learned counsel appearing on behalf of the

                   petitioner and learned Additional Public Prosecutor appearing

                   on behalf of the State.

                                2. The accused/petitioner apprehending his arrest in

                   connection with Bodhgaya P.S. Case No.                        415 of 2025

                   registered for the offences punishable under Sections 318(4)

                   and 316(2) of Bhartiya Nayay Sanhita 2023.

                                3.     As per FIR, petitioner failed to deposit the

                   settlement amount to the tune of Rs. about 30 lacs to the

                   informant i.e. Municipal Council, Bodh Gaya against the

                   parking settlement of the bus stand.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that the settlement was created in

                   favour of petitioner for the year 2024-25 for the parking of
Patna High Court CR. MISC. No.10759 of 2026(2) dt.24-02-2026
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          the bus. It is submitted that aforesaid settlement was against

          total amount of Rs. 52,94,662.00/- where after collection

          amount of Rs. 22,69,100.00/- was paid by petitioner. It is

          submitted that due to poor business, petitioner could not

          deposited the balance amount. It is submitted that three

          cheques as alleged to be drawn by petitioner in favour of the

          informant each sum of Rs. 10,91,854.00/- was never issued

          by this petitioner and if it is true even then the maximum case

          against petitioner is to initiate under Section 138 of

          Negotiable Instrument Act. It is submitted that the dispute is

          purely civil in nature regarding recovery of balance amount of

          settlement qua bus stand parking.

                       5. Explaining criminal antecedent, it is submitted

          that petitioner found involved in three more criminal cases,

          where he is on bail.

                       6. Learned APP opposed the prayer of bail.

                       7. In view of aforesaid factual submissions and by

          taking note of fact as primarily dispute appears civil in nature

          qua recovering of settlement amount, accordingly, above

          named petitioner, in the event of his arrest or surrender
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                        before the learned trial Court, within a period of four weeks of

                        the order, is directed to be released on bail furnishing bail

                        bond of Rs. 10,000/- (Rupees Ten Thousand) with two

                        sureties of the like amount each to the satisfaction of the

                        learned Chief Judicial Magistrate, Gaya/concerned Court,

                        where the case is pending in connection with Bodhgaya P.S.

                        Case No. 415 of 2025 subject to the conditions as laid down

                        under Section 482(2) of the BNSS.



                                              (Chandra Shekhar Jha, J)
veena/-

U         T