Patna High Court
Amit Kumar Jha @ Amit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was not granted to the petitioner.
Summary
The petitioner, Amit Kumar Jha, was accused in a 2020 case for offences under Sections 409, 420 and 34 of the Indian Penal Code, alleging misappropriation of government funds transferred for the Nal Jal Yojana. The prosecution alleged that Jha and his co‑accused, as owners of Shivganga Associates Pvt. Ltd., diverted a large sum of money and presented several witnesses, also invoking Section 82 of the CrPC. The petitioner, who has a prior criminal record, applied for anticipatory bail fearing arrest. The court examined the seriousness of the allegations, the presence of a criminal antecedent, and the risk of tampering with evidence. Considering these factors, the court refused the anticipatory bail application. Consequently, the petition for anticipatory bail was dismissed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner given the nature of the offences, the evidence against him, and his prior criminal antecedent.
Legislation cited
- Criminal Procedure Code — s. 82
- Indian Penal Code — s. 34, 409, 420
Subjects
- anticipatory bail
- misappropriation of government funds
- IPC sections 409 420 34
- CrPC section 82
- criminal antecedent
- Nal Jal Yojana
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13759 of 2026
Arising Out of PS. Case No.-29 Year-2020 Thana- BABUBARHI District- Madhubani
======================================================
Amit Kumar Jha @ Amit Kumar Son of Gaurikant Jha Resident Of Village -
Kavaiya, P.S. - Benipatti, Dist. - Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Suman Kumari, Advocate
For the Opposite Party/s : Ms. Madhuri Lata, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 23-03-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in Babubarhi P. S. Case
No. 29 of 2020 registered for the offences punishable under
Sections 409, 420/34 of the Indian Penal Code.
3. Prosecution case, in brief, is that petitioner along
with co-accused Dipak Kumar, being owners of a private
company i.e., Shivganga Associates Pvt. Ltd., misappropriated
huge amount of Government money which was transferred to
their account for execution of work under Nal Jal Yojana.
During investigation, number of witnesses supported the
prosecution case and process under Section 82 Cr.P.C. has also
been initiated against the petitioner. Petitioner has got one
criminal antecedent.
4. Considering the nature of accusation and other facts
Patna High Court CR. MISC. No.13759 of 2026(2) dt.23-03-2026
2/2
and circumstances of the case, prayer for anticipatory bail of the
petitioner is refused.
(Prabhat Kumar Singh, J)
Navya/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.