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IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72841 of 2025

Arising Out of PS. Case No.-75 Year-2025 Thana- Mabby District- Darbhanga

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Praveen Kumar Jha @ Rakesh Jha S/O Sri Maheshwar Jha R/o Village- Behat

Uttari, P.S.- Jhanjharpur R.S., District- Madhubani but in the F.I.R. Address is

given as Ward No. 3, Lakhnaur, Behta, Madhubani

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s : Mr. Ajay Kumar Thakur, Advocate

Ms. Vaishnavi Singh, Advocate

For the Opposite Party/s : Mr.C. Jawahar, APP

For the Informant : Mr. Sanjeev Kumar Jha, Advocate

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CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH

MISHRA

ORAL ORDER

5 28-01-2026 Heard learned counsel for the petitioner, Mr. C.

Jawahar, learned APP for the State and learned counsel for the

informant. Learned APP for the state submits that case diary in

this case has been received. Perused the case dairy.

2. The petitioner seeks bail in Mabbi P.S. case No. 75

of 2025 instituted for the offences under Sections 318(4),

316(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023.

3. Prosecution allegation, in short, is that the

petitioner, an accountant of the informant’s company has

committed misappropriation of crores of money by procuring

fake vouchers along with other accused persons and distributed

the said amount among themselves. Various irregularities were

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found in the ledger of the hotel.

4. Learned counsel for the petitioner submits that the

petitioner is innocent and has falsely been implicated in the

present case. Charge-sheet has been submitted in this case.

The petitioner denies the allegation made in the F.I.R. Learned

counsel for the petitioner submits that the vouchers which were

part of the F.I.R. were not signed by the petitioner nor issued by

him. Referring to statement made in paragraph 21, learned

counsel submits that son of the petitioner fell ill and for his

treatment, when the petitioner demanded money from the

informant, he was badly humiliated and thereafter he resigned

and for which he has also filed an informatory petition in the

court below. The petitioner is in custody since 04.08.2025 and

has one criminal antecedent in which police after investigation

submitted final form against the petitioner as stated in paragraph

3 of the application.

5. Learned A.P.P. for the State and learned counsel for

the informant have vehemently opposed the prayer for grant of

bail to the petitioner. Mr. C. Jawahar, learned APP, referring to

various paragraphs of the case diary states that witnesses have

stated that petitioner misappropriated cash amount by using the

forged signatures of suppliers and disbursed the amount among

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accused persons. Learned APP further submits that the petitioner

has also confessed his guilt before the police that he has

misappropriated huge money. Learned counsel for the informant

submits that the petitioner by producing fake vouchers

misappropriated huge money of the hotel. Hence, he may not be

released on bail.

6. Considering the aforesaid facts and circumstances

of the case and the period of custody undergone by the

petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail, after framing

of charge, if not already framed, on furnishing bail bonds of

Rs.15,000/- (fifteen thousand) with two sureties of the like

amount each to the satisfaction of Court below/concerned Court

in connection with Mabbi P.S. case No. 75 of 2025 subject to

the following conditions:

(I) One of the bailors shall be own/close member of

the family of the petitioner.

(II) The petitioner shall appear on each and every date

fixed at the trial. In case of default in such appearance on two

consecutive dates, the Trial Court will h