Patna High Court
Praveen Kumar Jha @ Rakesh JhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court grants bail to the petitioner subject to specified conditions.
Summary
The petitioner, Praveen Kumar Jha, was arrested in a case of alleged misappropriation of funds involving fake vouchers and was charged under Sections 318(4), 316(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The petitioner claimed innocence, stating that the vouchers were not signed by him and that he was humiliated by the informant, while the prosecution alleged that he forged supplier signatures and confessed to the crime. The State opposed bail, citing the seriousness of the offence and the petitioner’s alleged confession. After considering the facts, the court decided to grant bail, subject to a bond of Rs.15,000 with two sureties and specific conditions regarding appearance and non‑tampering with evidence. The bail order was conditioned on the petitioner’s compliance with these terms.
Issues considered
- Whether bail should be granted to the petitioner accused under Sections 318(4), 316(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
- Whether the nature of the alleged offences and the period of custody justify denial of bail.
- Whether the conditions imposed by the court are appropriate for the grant of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 316(2), 318(4), 3(5)
Subjects
- bail
- misappropriation
- fake vouchers
- criminal antecedent
- Bharatiya Nyaya Sanhita
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72841 of 2025
Arising Out of PS. Case No.-75 Year-2025 Thana- Mabby District- Darbhanga
======================================================
Praveen Kumar Jha @ Rakesh Jha S/O Sri Maheshwar Jha R/o Village- Behat
Uttari, P.S.- Jhanjharpur R.S., District- Madhubani but in the F.I.R. Address is
given as Ward No. 3, Lakhnaur, Behta, Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Thakur, Advocate
Ms. Vaishnavi Singh, Advocate
For the Opposite Party/s : Mr.C. Jawahar, APP
For the Informant : Mr. Sanjeev Kumar Jha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
5 28-01-2026 Heard learned counsel for the petitioner, Mr. C.
Jawahar, learned APP for the State and learned counsel for the
informant. Learned APP for the state submits that case diary in
this case has been received. Perused the case dairy.
2. The petitioner seeks bail in Mabbi P.S. case No. 75
of 2025 instituted for the offences under Sections 318(4),
316(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023.
3. Prosecution allegation, in short, is that the
petitioner, an accountant of the informant’s company has
committed misappropriation of crores of money by procuring
fake vouchers along with other accused persons and distributed
the said amount among themselves. Various irregularities were
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found in the ledger of the hotel.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. Charge-sheet has been submitted in this case.
The petitioner denies the allegation made in the F.I.R. Learned
counsel for the petitioner submits that the vouchers which were
part of the F.I.R. were not signed by the petitioner nor issued by
him. Referring to statement made in paragraph 21, learned
counsel submits that son of the petitioner fell ill and for his
treatment, when the petitioner demanded money from the
informant, he was badly humiliated and thereafter he resigned
and for which he has also filed an informatory petition in the
court below. The petitioner is in custody since 04.08.2025 and
has one criminal antecedent in which police after investigation
submitted final form against the petitioner as stated in paragraph
3 of the application.
5. Learned A.P.P. for the State and learned counsel for
the informant have vehemently opposed the prayer for grant of
bail to the petitioner. Mr. C. Jawahar, learned APP, referring to
various paragraphs of the case diary states that witnesses have
stated that petitioner misappropriated cash amount by using the
forged signatures of suppliers and disbursed the amount among
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accused persons. Learned APP further submits that the petitioner
has also confessed his guilt before the police that he has
misappropriated huge money. Learned counsel for the informant
submits that the petitioner by producing fake vouchers
misappropriated huge money of the hotel. Hence, he may not be
released on bail.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail, after framing
of charge, if not already framed, on furnishing bail bonds of
Rs.15,000/- (fifteen thousand) with two sureties of the like
amount each to the satisfaction of Court below/concerned Court
in connection with Mabbi P.S. case No. 75 of 2025 subject to
the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(III) If the petitioner tampers with the evidence or the
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witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(Rudra Prakash Mishra, J)
Pankaj/-
U T
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