Dipak Kumar @ Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10759 of 2026 Arising Out of PS. Case No.-415 Year-2025 Thana- BODHGAYA District- Gaya ====================================================== Dipak Kumar @ Deepak Kumar Son of Mahesh Saw @ Mahesh Sao Resident of Village - Bakrour, P.S. -Bodhgaya, Dist. -Gaya Ji (Bihar). ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amarendra Narayan, Advocate For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 24-02-2026 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

2. The accused/petitioner apprehending his arrest in connection with Bodhgaya P.S. Case No. 415 of 2025 registered for the offences punishable under Sections 318(4) and 316(2) of Bhartiya Nayay Sanhita 2023.

3. As per FIR, petitioner failed to deposit the settlement amount to the tune of Rs. about 30 lacs to the informant i.e. Municipal Council, Bodh Gaya against the parking settlement of the bus stand.

4. It is submitted by learned counsel appearing on behalf of the petitioner that the settlement was created in favour of petitioner for the year 2024-25 for the parking of

Patna High Court CR. MISC. No.10759 of 2026(2) dt.24-02-2026 2/3 the bus. It is submitted that aforesaid settlement was against total amount of Rs. 52,94,662.00/- where after collection amount of Rs. 22,69,100.00/- was paid by petitioner. It is submitted that due to poor business, petitioner could not deposited the balance amount. It is submitted that three cheques as alleged to be drawn by petitioner in favour of the informant each sum of Rs. 10,91,854.00/- was never issued by this petitioner and if it is true even then the maximum case against petitioner is to initiate under Section 138 of Negotiable Instrument Act. It is submitted that the dispute is purely civil in nature regarding recovery of balance amount of settlement qua bus stand parking.

5. Explaining criminal antecedent, it is submitted that petitioner found involved in three more criminal cases, where he is on bail.

6. Learned APP opposed the prayer of bail.

7. In view of aforesaid factual submissions and by taking note of fact as primarily dispute appears civil in nature qua recovering of settlement amount, accordingly, above named petitioner, in the event of his arrest or surrender

Patna High Court CR. MISC. No.10759 of 2026(2) dt.24-02-2026 3/3 before the learned trial Court, within a period of four weeks of the order, is directed to be released on bail furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya/concerned Court, where the case is pending in connection with Bodhgaya P.S. Case No. 415 of 2025 subject to the conditions as laid down under Section 482(2) of the BNSS.

(Chandra Shekhar Jha, J) veena/- U T