Gopal Jee Jha @ Gopal Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52991 of 2025 Arising Out of PS. Case No.-195 Year-2024 Thana- BAJPATTI District- Sitamarhi ====================================================== Gopal Jee Jha @ Gopal Jha S/O Suryadev Jha Resident of ward no 45 kailashpuri Dumra, P.S.- Dumra District- Sitamarhi ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Saroj Kumar S/O Shri Sonelal Mahto R/O Bhandkhar, P.S.- Kanhauli, Dist.- Sitamarhi. Bihar. Posted as Post Inspector, Central Sub-Division, Sitamarhi. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amit Kumar Jha, Adv.
For the Opposite Party/s :
Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-09-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending his arrest in connection with Bajpatti P.S. Case No. 195/2024 dated 10.07.2024 registered for the offence punishable u/s 316(5), 318(4) and 61(2) of the B.N.S.
3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have deposited customer's money in their personal account. It is further alleged that on the basis of 17 written complaints a primary inquiry was conducted and it was found that all the accused persons misappropriated Rs. 16,25,500/- and further alleged that Sangeeta Singh, Gopal
Patna High Court CR. MISC. No.52991 of 2025(2) dt.12-09-2025 2/3 Jha (petitioner) and Indrajit Kumar have misused their respective position as staff members of the postal Department, Bajpatti sub post office and found guilty of the misconduct and misappropriation.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner was posted as Deputy Post Master in Bajpatti post office from 31.11.2017 to 18.05.2021 and has performed his duty with due diligence and sincerity till his superannuation on 30.04.2024. It is further submitted that the petitioner has not committed any misconduct and misappropriation. The petitioner has two criminal antecedents as stated in para 3 of the bail petition. The co-accused person has already been granted regular bail by this Court vide order dated 06.05.2025 passed in Cr. Misc. No. 89103 of 2024.
5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner and submitted that the petitioner is the main accused of this case. Learned counsel has further submitted that the petitioner committed criminal breach of trust along with other co-accused persons under conspiracy. As per the impugned order dated 10.01.2025, it is mentioned that in para-2, the re-statement of
Patna High Court CR. MISC. No.52991 of 2025(2) dt.12-09-2025 3/3 the informant and the witnesses in para nos. 6, 8, 10, 20, 22, 23 and 24 of the case diary have supported the case of the prosecution.
6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioner. It is not fit case for anticipatory bail of the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner is hereby rejected and the petitioner is directed to surrender before the Court below concerned within six weeks from the date of this order and pray for regular bail, the learned Court below may consider the prayer for regular bail of the petitioner in accordance with law and on its own merits without being prejudiced by this order.
7. This application is rejected.
(Chandra Prakash Singh, J) shivam/- U T