Patna High Court
Praveen Kumar JhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to the petitioner subject to the conditions prescribed under Section 438(2) of the CrPC.
Summary
The petitioner, Praveen Kumar Jha, sought anticipatory bail fearing arrest in a case registered in 2011 under Sections 406, 420, 467, 468 and 120(B) of the IPC. He argued that his name was only added to the FIR in 2024, he was unaware of any involvement, and he is the regional manager of the alleged insurance company. The State opposed the bail, citing the seriousness of the offences. The Court considered the delay, the petitioner’s cooperation, and precedent where similar accused were granted anticipatory bail. It ordered that the petitioner be released on anticipatory bail upon furnishing a bail bond of Rs.25,000 with two sureties, subject to Section 438(2) of the CrPC and a condition that bail may be cancelled if he fails to cooperate with the investigation.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC despite the serious nature of the offences and the delay in his naming in the FIR.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 120(B), 406, 420, 467, 468
Subjects
- anticipatory bail
- Section 438
- Indian Penal Code
- insurance fraud
- delay in FIR
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21483 of 2026
Arising Out of PS. Case No.-81 Year-2011 Thana- AURANGABAD TOWN District-
Aurangabad
======================================================
Praveen Kumar Jha S/o Shubhkant Jha R/o Village - Habibhour, P.S - Bahera,
District - Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kaushal Kumar Jha
For the Opposite Party/s : Mr. Shailendra Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 09-04-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 406, 420,
467, 468, 120(B) of the Indian Penal Code.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of four cases. It is next submitted that
from perusal of the FIR, it would manifest that the FIR is of the
year 2011 but then petitioner is not named in the FIR and his
name transpired in the case in the year 2024. It is next submitted
that petitioner was completely unaware about his involvement in
the instant case but when police came knocking his door, the
petitioner became aware that his name has transpired in the
Patna High Court CR. MISC. No.21483 of 2026(2) dt.09-04-2026
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instant case during the course of investigation. It is further
submitted that from perusal of the allegation as alleged in the
FIR, it would manifest that in sum and substance the informant
alleges that some of the beneficiaries had got them insured with
the company of the accused persons after paying premium of
Rs.5000/- but when the document was asked for, the same was
not handed over on the ground that document would be issued
after six months. It is further submitted that the accused who are
named in the FIR have been granted the privilege of anticipatory
bail by order dated 12.08.2015 in Cr. Misc. No.11197 of 2015
(Surendra Mishra Vs. State of Bihar & Anr.), thereafter
Dharmendra Mishra also approached this Court seeking
anticipatory bail by filing Cr. Misc. No.41958 of 2016 and the
same also came to be allowed by an order dated 03.10.2016. It
is asserted and submitted that 13 years after the occurrence the
name of the petitioner transpired in a mechanical manner being
Regional Manager of the alleged insurance company. It is also
submitted that if privilege of anticipatory bail is granted to the
petitioner, petitioner will not abscond rather will cooperate in
the investigation and trial to prove his innocence.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
Patna High Court CR. MISC. No.21483 of 2026(2) dt.09-04-2026
3/3
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on anticipatory bail on furnishing bail
bonds of Rs.25,000/- (Rupees Twenty Five Thousand) with two
sureties of the like amount each to the satisfaction of the learned
trial court where the case is pending/successor court in
connection with Aurangabad Town P.S. Case No.81/2011,
subject to the conditions as laid down under Section 438 (2) of
the Cr.P.C.
6. However, it is made clear that in the event if the
Investigating Officer of the case files an application before the
learned trial court bringing to its notice that the petitioner
despite giving assurance to this court is not co-operating in the
investigation in that event the learned trial court shall be at
liberty to cancel the bail bonds of the petitioner.
(Satyavrat Verma, J)
amit/-
U T
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