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Patna High Court

JAYANT KUMAR JHAversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                        3/3




                      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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