Patna High Court
JAYANT KUMAR JHAversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail is granted to the petitioner subject to bail bond conditions and possible cancellation for non‑cooperation.
Summary
Jayant Kumar Jha, a ward secretary, was implicated in a case under Sections 409, 420 and 34 of the Indian Penal Code for allegedly withdrawing Rs. 17 lakh meant for the Jal Nal Yojna, which was not completed. Jha, who has a clean antecedent, applied for anticipatory bail, arguing that he was falsely implicated and that the responsibility for project execution lay with the Mukhiya, not him. The State opposed the bail. The High Court, after considering the petitioner's cooperation and clean record, granted anticipatory bail subject to a bail bond of Rs. 10,000 with two sureties and a condition that the bail may be cancelled if he fails to cooperate with the investigation. The order also directed that a copy be sent to the concerned police station via the trial court.
Issues considered
- Whether anticipatory bail should be granted to the petitioner accused of criminal breach of trust, cheating and common intention under Sections 409, 420 and 34 IPC.
- Whether the petitioner’s clean antecedent and willingness to cooperate justify bail despite the seriousness of the offences.
Legislation cited
- Indian Penal Code — s. 34, 409, 420
Subjects
- anticipatory bail
- criminal breach of trust
- cheating
- Indian Penal Code
- Section 482
- bail conditions
- cooperation with investigation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46206 of 2023
Arising Out of PS. Case No.-134 Year-2022 Thana- CHORAUT District- Sitamarhi
======================================================
JAYANT KUMAR JHA SON OF JITENDRA JHA RESIDENT OF
VILLAGE- KOKAN, WARD NO 05, GRAM PANCHAYAT CHOROUT
EAST, PS-CHOROURT, DISTT- SITAMARHI
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajani Kant Mishra, Advocate
For the Opposite Party/s : Mr. Dashrath Mehta, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
8 06-02-2026 1. Heard learned counsel for the petitioner and the
learned APP for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 409, 420
and 34 of the Indian Penal Code.
3. The learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and the informant
alleges that petitioner being the Ward Sachiv along with other
co-accused had withdrawn Rs. 17 Lakhs related to Jal Nal
Yojna but the work has not been completed, as such, it is alleged
that the amount was defalcated.
4. Learned counsel for the petitioner submits
petitioner has been falsely implicated in the present case, it is
Patna High Court CR. MISC. No.46206 of 2023(8) dt.06-02-2026
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further submitted that being Ward Secretary, it was not the duty
of the petitioner to get the work completed rather the money
was transferred in the account of the Mukhiya and it was the
duty of the Mukhiya to get the work implemented, it is next
submitted that from perusal of the allegations as alleged in the
FIR, it would manifest that informant does not allege that no
work was done rather alleges that work was not completed. It is
further submitted petitioner will not abscond rather will
cooperate in the investigation to prove his innocence and will
present himself as and when required by the Investigating
Officer of the case.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender before the learned trial court
within a period of six weeks from today, be released on
anticipatory bail on furnishing bail bonds of Rs. 10,000/-
(Rupees Ten 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 Chorout P.S. Case
No. 134 of 2022 subject to the conditions as laid down under
Patna High Court CR. MISC. No.46206 of 2023(8) dt.06-02-2026
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Section 482 (2) of the BNSS.
7. 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 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.
8. Let a copy of this order be sent to the concerned
police station through the learned Trial Court.
9. Accordingly, the instant anticipatory bail
application stands allowed.
(Satyavrat Verma, J)
Rishabh/-
U T
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