Patna High Court
Mukul Kumar Jha @ Mukul JhaversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court dismissed the anticipatory bail application, holding that the cheating allegations make it unfit for such relief.
Summary
Mukul Kumar Jha applied for anticipatory bail in a cheating case (Sections 406, 420/34 IPC) where he is alleged to have defrauded Rs. 2,20,000. The petitioner claimed innocence, stating that Rs. 60,000 was transferred to his account and later returned to the complainant, and that he has only one prior criminal antecedent. The State opposed the bail, arguing the nature of the cheating allegation makes anticipatory bail inappropriate. The Court held that the allegations do not merit anticipatory bail and dismissed the application. The petitioner was directed to surrender within two weeks and seek regular bail, with the possibility of bail if the entire amount is returned to the informant.
Issues considered
- Whether anticipatory bail should be granted in a case involving alleged cheating under Sections 406, 420/34 IPC
- Whether the nature of the alleged offence precludes the grant of anticipatory bail
Legislation cited
- Indian Penal Code — s. 34, 406, 420
Subjects
- anticipatory bail
- cheating
- criminal breach of trust
- Indian Penal Code
- bail
- surrender
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5225 of 2026
Arising Out of PS. Case No.-12 Year-2023 Thana- MUZFFARPUR COMPLAINT CASE
District- Muzaffarpur
======================================================
Mukul Kumar Jha @ Mukul Jha Son of Kameshwar Jha Resident of village -
Kabilpur, P.S.- Kanti, District - Muzaffarpur, Bihar - 843109.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Vinay Kumar Son of Mahesh Rai R/o Village - Sakari, Sakariya, O.P.- Turki,
P.S.- Kudhani, District - Muzaffarpur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shashi Bhushan Singh, Advocate
For the Opposite Party/s : Mr.Satya Nand Shukla, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 24-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in connection
with Complaint Case No. 12 of 2023 instituted under
Sections406, 420/34 of the Indian Penal Code.
3. As per the prosecution case, petitioner along with
others is alleged to have cheated Rs. 2,20,000/- from the
informant.
4. Learned counsel for the petitioner/ submit/ that the
petitioner is innocent and has falsely been implicated in the
instant case. Further submission is that an amount of Rs.
60,000/- was transferred in the bank account of the petitioner
Patna High Court CR. MISC. No.5225 of 2026(3) dt.24-02-2026
2/2
which has been returned to Deepak Mishra and it is Deepak
Mishra and his wife who have assured the police that they will
return the amount to the informant. Petitioner has one criminal
antecedent.
5. Learned APP for the State has opposed the prayer
for anticipatory bail of the petitioner.
6. Considering the allegation of cheating on the
petitioner, this is not a fit case for grant of anticipatory bail.
7. Accordingly, the application stands dismissed.
8. The petitioner is directed to surrender within two
weeks from today and pray for regular bail, failing which the
Superintendent of Police, Muzaffarpur will take all steps for
arrest of the petitioner.
9. If the entire amount is returned by the accused
persons including the petitioner to the informant, then the
petitioner may have liberty to pray for bail in the court below.
10. Let a copy of this order be communicated to the
Superintendent of Police, Muzaffarpur through FAX or e-mail
for its compliance.
(Sandeep Kumar, J)
tusharika/-
U T
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