Santosh Kumar Jha @ Baua JhaversusThe State Of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29644 of 2026
                  Arising Out of PS. Case No.-326 Year-2024 Thana- MADHEPURA COMPALINT CASE
                                                   District- Madhepura
                 ======================================================
                 Santosh Kumar Jha @ Baua Jha Son Of Permanand Jha R/O village Nonaiti,
                 ward no. - 14, P.S. Basnahi District Saharsha.
                                                                     ... ... Petitioner/s
                                                      Versus
           1.     The State Of Bihar patna
           2.     Umesh Prasad Sah Son of Laxmi Sah Resident of village Madhepura ward
                  no. 06 P. S. and District Madhepura
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr.Dinesh Prasad Verma, Adv.
                 For the Opposite Party/s :    Mr.Sanjay Kumar Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

3   13-05-2026                    Heard the learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                               2. The petitioner is apprehending his arrest in connection

                   with Madhepura Complaint Case No. 326 of 2024 registered for the

                   offences punishable under Sections 318(4), 336(2), 336(3) of the

                   Bharatiya Nyaya Sanhita, 2023.

                               3. The allegation has been levelled in the complainant case

                   that the petitioner owned Rs. 4,60,000/- to the complainant out of

                   which he paid Rs. 2,15,000/- and on demand of rest of the amount he

                   started evading the issue finally leading to filing of the instant case.

                               4. Learned counsel for the petitioner asserts that the case

                   relates to pure money transaction in which no element of criminality

                   could be attached specially in view of the fact that he has made part

                   payment of the money.
           Patna High Court CR. MISC. No.29644 of 2026(3) dt.13-05-2026
                                                       2/2




                                 5. Learned APP for the State has vehemently opposed the

                     prayer for anticipatory bail of the petitioner.

                                  6. Considering that the part payment of money would

                     show that the initial intention could not be alleged to be wrongful,

                     thus, ruling out the application of Section 406 and 420 of IPC, this

                     Court is inclined to grant anticipatory bail to the petitioner.

                                  7. Let the petitioner, above named, in the event of his/her

                     arrest or surrender before the Court below within a period of thirty

                     days from the date of receipt of the order, be released on bail on

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

                     sureties of the like amount each to the satisfaction of the learned J.M.

                     1st Class, Madhepura in connection with Madhepura Complaint Case

                     No. 326 of 2024, subject to the conditions as laid down under Section

                     438(2) of the Code of Criminal Procedure / Section 482(2) of the

                     Bharatiya Nagarik Suraksha Sanhita.

                                  8. It is made clear that any observation made herein is prima

                     facie in nature and limited solely for the purpose of adjudication of the

                     present bail application. Such observations shall not be construed as an

                     expression on the merits of the case and shall not influence the trial or

                     any other proceedings in any manner.



                                                      (Ansul, J)
abhishekkr/-

U      T