Ramesh Manjhi Vs The State of Bihar — Cheating and Forgery | Patna HC (2025)

Ramesh Manjhi Vs The State of Bihar — Cheating and Forgery | Patna HC (2025)

What the court decided

AI extract

Outcome

Provisional bail granted: release on arrest or surrender within four weeks on bail bond of Rs. 10,000 with two sureties of like amount each (one bailor a close relative), subject to Section 482 BNSS conditions; petitioner to file affidavit of repayment schedule at furnishing of bail bond, undertaking to deposit the entire Rs. 11,00,000 in fifteen installments (Rs. 1,00,000 first, then Rs. 10,00,000 in fourteen monthly installments of Rs. 71,430 each); Trial Court to confirm the provisional bail after verifying deposit receipts. Application thereafter disposed of.

Issue for consideration

Whether the petitioner, apprehending arrest in Khanpur P.S. Case No. 187 of 2025 (Sections 409, 420, 419 IPC) over the alleged illegal withdrawal of Rs. 11,00,000 from a government account while he was Mukhiya, should be released on (provisional) anticipatory bail.

Court's answer

Keeping in view the facts and the petitioner's bona fide intention (to deposit the misappropriated amount in installments), the bail application is allowed provisionally.

Ratio / Principle

Petitioner to be released on provisional bail in the event of arrest or surrender within four weeks, on a bail bond of Rs. 10,000 with two sureties of like amount each, to the satisfaction of the learned Judicial Magistrate 1st Class, Samastipur, in connection with Khanpur P.S. Case No. 187 of 2025.

Key takeaways

Release is subject to the conditions laid down under Section 482 BNSS and to the further condition that one of the bailors be a close relative of the petitioner.ratio¶¶23
Petitioner shall file an affidavit regarding the timeline of payment of the entire defalcated amount of Rs. 11,00,000 at the time of furnishing his bail bond.ratio¶¶22
Trial Court directed to confirm the provisional bail after verifying the deposit receipts evidencing payment by the petitioner of the entire amount of Rs. 11,00,000.

Detailed headnote1 paragraphs

Anticipatory/provisional bail - Patna High Court (S. B. Pd. Singh, J; oral order dated 18-12-2025) allows provisionally the bail application of a petitioner apprehending arrest in Khanpur P.S. Case No. 187 of 2025 (Samastipur) for offences under Sections 409, 420 and 419 IPC, the informant having alleged that the petitioner, then Mukhiya of Shripurgahar Panchayat, illegally withdrew Rs. 11,00,000 from a government account. Taking into account the petitioner's bona fide intention, release is ordered within four weeks of arrest or surrender on a bail bond of Rs. 10,000 with two sureties of like amount each, one bailor to be a close relative, subject to the conditions under Section 482 BNSS. The grant is conditioned on the petitioner's undertaking, supported by an affidavit filed at the furnishing of the bail bond, to deposit the entire defalcated amount of Rs. 11,00,000 in fifteen installments - Rs. 1,00,000 at the furnishing of the bail bond and the remaining Rs. 10,00,000 in fourteen equal monthly installments of Rs. 71,430 each. The Trial Court is directed to confirm the provisional bail after verifying the deposit receipts for the full amount. The application stands disposed of. No precedent cited; no dissent.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.86551 of 2025

Arising Out of PS. Case No.-187 Year-2025 Thana- KHANPURA District- Samastipur

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

Ramesh Manjhi S/o Sukeshwar Manjhi Resident of Village- Hansopur, P.S.Khanpur, Dist.- Samastipur

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance :

For the Petitioner/s : Mr.Raja Ram Mishra For the Opposite Party/s : Mr. Sanjay Kumar Singh, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER

2 18-12-2025 Heard learned counsel for the petitioner and learned

APP for the State.

The petitioner is apprehending his arrest in connection with Khanpur P.S. Case No. 187 of 2025 for the offence under Sections 409, 420 and 419 of the I.P.C.

As per the prosecution story, the informant has alleged that the petitioner, who was the then Mukhiya of Shripurgahar Panchayat, illegally withdrew a total sum of Rs. 11,00,000/- from the government account.

Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. The petitioner is willing to deposit the entire misappropriated amount of Rs. 11,00,000/- in a total of fifteen installments, out of which the first installment of Rs. 1,00,000/-

Patna High Court CR. MISC. No.86551 of 2025(2) dt.18-12-2025 2/3

shall be paid at the time of furnishing his bail bond. The remaining amount of Rs. 10,00,000/- shall be paid in fourteen equal monthly installments of Rs. 71,430/- each. The petitioner is also ready to furnish an affidavit before the Trial Court regarding the aforesaid payment schedule.

Learned APP opposes the prayer for bail.

Keeping in view the aforesaid facts, and

considering the bona fide intention of the petitioner, the instant bail application is allowed provisionally.

As per his submission, petitioner shall file an affidavit regarding the timeline of payment of entire defalcated amount i.e. Rs. 11,00,000/- at the time of furnishing of his bail bond.

Let the petitioner be released on provisional bail in the event of arrest or surrender within a period of four weeks from the date of receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Judicial Magistrate 1^st Class, Samastipur, in connection with Khanpur P.S. Case No. 187 of 2025 subject to the conditions as laid down under Section 482 of B.N.S.S., as also with the condition that one of the bailors should be close relative of the petitioner.

Patna High Court CR. MISC. No.86551 of 2025(2) dt.18-12-2025 3/3

Trial Court is directed to confirm the provisional bail granted to the petitioner after verifying the deposit receipts of payment of the entire amount i.e. Rs. 11,00,000/- by the petitioner.

Accordingly, the instant application stands

disposed of.

(S. B. Pd. Singh, J)

Ankit Kumar/-

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