Rahul Kumar Vs The State Of Bihar — Anticipatory Bail | Patna HC (2025)

Rahul Kumar Vs The State Of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail: petitioner to be released on bail upon arrest or surrender within four weeks, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned Additional Chief Judicial Magistrate-II, Nawada/concerned court in connection with Nardiganj P.S. Case No.267 of 2024, subject to the conditions as laid down under Section 438(2) of the CrPC/under Section 482(2) of the BNSS.

Issue for consideration

Whether the petitioner, named in the FIR and apprehending arrest in Nardiganj P.S. Case No.267 of 2024 (registered under Sections 316(2), 316(5), 318(4) read with 3(5) of the Bhartiya Nyaya Sanhita, 2023, for alleged embezzlement of panchayat funds), is entitled to anticipatory bail.

Court's answer

Anticipatory bail granted: in the event of his arrest or surrender in the court below within a period of four weeks, the petitioner is directed to be released on bail on furnishing a bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-II, Nawada/concerned court in connection with Nardiganj P.S. Case No.267 of 2024, subject to the conditions laid down under Section 438(2) of the CrPC/under Section 482(2) of the BNSS.

Ratio / Principle

Prima facie finding supporting the grant: the petitioner had resigned from the post of Ward Secretary in the month of June, 2020, whereas the FIR in issue was lodged only in the year 2024.

Detailed headnote1 paragraphs

Patna High Court (Chandra Shekhar Jha, J.), order dated 19-09-2025 — Anticipatory bail granted in Criminal Miscellaneous No.30031 of 2025 arising out of Nardiganj P.S. Case No.267 of 2024, District Nawada, registered under Sections 316(2), 316(5), 318(4) read with 3(5) of the Bhartiya Nyaya Sanhita, 2023, alleging embezzlement of Rs.18,76,094/- allotted to Nanora Panchayat, Ward No.1 by the Government of Bihar for a project under 'Mukhyamantri Saat Nischay Yojna'. The petitioner, named in the FIR, was stated to have been Ward Secretary of Ward No.1 who prima facie resigned on 10.06.2020 (Annexure-P/2) upon selection as Constable in Bihar Police, while the FIR was lodged only in 2024; counsel also urged that the panchayat work was almost complete and the petitioner was not the sole cheque signatory. The Court directed that, in the event of arrest or surrender within four weeks, the petitioner be released on bail on furnishing a bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-II, Nawada/concerned court, subject to the conditions under Section 438(2) of the CrPC/under Section 482(2) of the BNSS.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.30031 of 2025

Arising Out of PS. Case No.-267 Year-2024 Thana- NARDIGANJ District- Nawada

======================================================

Rahul Kumar, S/o Nandu Yadav, Resident of Village-Janki Bigha, Chiraiya Tola, P.S.- Nardiganj, District- Nawada

... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Man Mohan Kumar, Advocate For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP ======================================================

... ... Opposite Party

CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

4 19-09-2025

Heard learned counsel for the petitioner and learned

Additional Public Prosecutor for the State.

The accused/petitioner is named in the FIR and

apprehending his arrest in connection with Nardiganj P.S. Case No.267 of 2024 registered under Sections 316(2), 316(5), 318(4) read with 3(5) of the Bhartiya Nyaya Sanhita, 2023 (in short ‘B.N.S.’).

As per FIR, the petitioner along with co-accused

persons were involved in embezzlement of Rs.18,76,094/allotted to Nanora Panchayat, Ward No.1 by Government of

Bihar to implement the project under “Mukhyamantri Saat Nischay Yojna”.

It is submitted by learned counsel appearing for

Patna High Court CR. MISC. No.30031 of 2025(4) dt.19-09-2025 2/3

petitioner that petitioner was the ward Secretary of Ward No.1 of Nanora Panchayat but, as he was selected as Constable in Bihar Police, he resigned from the post of Ward Secretary on 10.06.2020 in view of (Annexure-P/2) . It is submitted that the FIR in issue was lodged in 2024 itself. It is further submitted by learned counsel that work as allotted to panchayat is almost completed now and moreover this petitioner was not the only signatory of cheque as to withdraw the amount towards expenditure to implement the government policy. The petitioner claimed clean antecedent.

Learned APP while opposing the prayer of bail submitted that the allegation of embezzlement is available against this petitioner.

In view of aforesaid facts and circumstances, as it appears that petitioner prima facie resigned from the post of Ward Secretary in the month of June, 2020, where the FIR in issue was lodged in the year 2024 only, accordingly, the petitioner, above-named, in the event of his arrest or surrender in the court below within a period of four weeks from today, is directed to be released on bail on furnishing

Patna High Court CR. MISC. No.30031 of 2025(4) dt.19-09-2025 3/3

bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-II, Nawada/concerned court in connection with Nardiganj P.S. Case No.267 of 2024, subject to the conditions as laid down under Section 438(2) of the CrPC/under Section 482(2) of the BNSS.

(Chandra Shekhar Jha, J.)

Sanjeet/- U T