Patna High Court
Mukesh Kumar JhaversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
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
- Indian Penal Code — s. 323, 34, 341, 467, 468
- Negotiable Instruments Act — s. 138
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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