Patna High CourtCR. MISC./69223/2025bail granted

Gopal Kumar Jha @ Gopal Ji Jha v. The State Of Bihar

2025-12-23Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69223 of 2025 Arising Out of PS. Case No.-219 Year-2024 Thana- DARBHANGA District- Darbhanga ====================================================== Gopal Kumar Jha @ Gopal Ji Jha Son of Sri Ram Narayan Jha Resident of Village-Kathwar P.S- Manigachhi. District- Darbhanga. ... ... Petitioner/s

Versus

The State of Bihar 2.

Ram Sagar Thakur S/O Late Bhola Thakur R/O Vill Manjhora P.S. Bahera District Darbhanga.

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

For the Petitioner/s :

Mr.Arjun Kumar, Adv.

For the State :

Mr.Yogendra Kumar, APP For O.P. No. 2 :

Mr. Kedar Jha, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 23-12-2025 Heard learned counsel for the petitioner as well as the learned APP for the State.

2. The petitioner apprehends his arrest in connection with Town P.S. Case No. 219 of 2024, registered for the offences punishable under Sections 316(2), 318(4), 115(2), 126(2), 351(2) and 352 of the BNS and Section 138 of N.I. Act but a cognizance has been taken under Sections 316(2), 318(4), 115(2), 126(2), 351(2) and 352 of the BNS.

3. According to allegation, the petitioner took a sum of Rs. 3 lakhs from the informant. The petitioner handed over a cheque to the informant, which was subsequently dishonoured.

4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. He has further submitted that as a matter of fact, the informant

Patna High Court CR. MISC. No.69223 of 2025(4) dt.23-12-2025 2/2 was to construct a godown for the petitioner, in lieu thereof the petitioner issued a cheque in favour of the informant, however, the godown was not constructed in accordance with the terms and conditions of the contract. He has also submitted that no cognizance has been taken under Section 138 of the N.I. Act.

5. On the other hand, learned APP for the State and learned counsel for the opposite party no. 2 have opposed the prayer for bail.

6. The main allegation against the petitioner is that he issued a cheque which was dishonoured by the bank. However, no cognizance has been taken under Section 138 of the N.I. Act. The petitioner is a person of clean antecedent.

7. Considering the above-mentioned facts and circumstances, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Darbhanga in connection with Town P.S. Case No. 219 of 2024 , subject to the conditions as laid down under Section 438(2) of the CrPC/482(2) of the BNSS, 2023.

(Nawneet Kumar Pandey, J) Nirmal/- U T