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Patna High Court

Mukesh Kumar JhaversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was refused.

Summary

The petitioner, Mukesh Kumar Jha, applied for anticipatory bail in a complaint case (No.305 of 2023) alleging offences under IPC sections 323, 341, 467, 468, 34 and NI Act section 138. The complaint arose from a loan of Rs.2.60 lakh taken from the complainant, with an agreement to repay within six months or transfer a 26.5‑decimal land share; the petitioner allegedly defaulted, sold the land to a third party, and issued a bounced cheque of Rs.3 lakh. The petitioner claimed innocence, asserting that the case was fabricated due to village politics, while the State highlighted a prior criminal antecedent. The learned A.P.P. for the State opposed bail, emphasizing the seriousness of the alleged offences and the petitioner’s record. The Court, after considering the nature of the accusations and the antecedent, refused the anticipatory bail application.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in view of the alleged offences under IPC and the Negotiable Instruments Act
  • Whether the petitioner’s prior criminal antecedent warrants denial of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • loan default
  • cheque bounce
  • IPC offences
  • Negotiable Instruments Act
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91960 of 2025
                      Arising Out of PS. Case No.-305 Year-2023 Thana- COMPLAINT CASE - UDA-
                                            KISHUNGANJ District- Madhepura
                 ======================================================
                 Mukesh Kumar Jha son of Late Surendra Kumar Jha Resident of Village-
                 Sarowani Kala, Ward No 3, Ps- Bihariganj, District- Madhepura

                                                                               ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar
           2.    Bipin Kumar Mehta S/o Radhe Mehta R/o Vill- Sarowani Kala, Ward No. 9,
                 P.S.- Bihariganj, Distt- Madhepura

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Shankar Kumar Choudhary, Advocate
                 For the Opposite Party/s :     Mr. Jitendra Kumar Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

5   29-06-2026                   Despite filing Vakalatnama, none appears on behalf

                   of the opposite party no. 2.

                                2. Heard learned counsel for the petitioner and the

                   State.

                                3. Petitioner apprehends arrest in Complaint Case No.

                   305 of 2023 registered for the offences punishable under

                   Sections 323, 341, 467, 468/34 of the Indian Penal Code and

                   Section 138 of the Negotiable Instruments Act.

                                4. As per the complaint case, this petitioner took loan

                   of Rs. 2,60,00/- from the complainant for personal use with an

                   agreement to either return the aforesaid amount within six

                   months or to give him his share of land, measuring 26.5
              Patna High Court CR. MISC. No.91960 of 2025(5) dt.29-06-2026
                                                          2/2




                        decimal. After six months, when complainant demanded his

                        money, petitioner refused to return the amount and sold the land

                        in question to one Geeta Devi. It is further alleged that petitioner

                        also gave a cheque of Rs. 3 lacs of HDFC Bank to the

                        complainant which got bounced due to insufficiency of funds.

                                     5. Learned counsel for the petitioner submits that

                        petitioner is innocent and has committed no offence. Petitioner

                        has falsely been implicated in this case due to village politics.

                                     6. Learned A.P.P. for the State vehemently opposed

                        the bail application and submitted that petitioner has got one

                        criminal antecedent.

                                     7. Considering the nature of accusation and criminal

                        antecedent, prayer for anticipatory bail of the petitioner is

                        refused.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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