Patna High Court
Dharmendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner subject to the conditions specified.
Summary
The petitioner, Dharmendra Kumar, a ward Sachiv, was alleged to have illegally withdrawn Rs 48,000 from a Panchayat account, attracting charges under Sections 420 and 379 of the Indian Penal Code. He contended that the withdrawal was a bona‑fide mistake, had already returned the full amount, and possessed a clean antecedent. The State opposed his request for anticipatory bail, citing the seriousness of the cheating and theft allegations. The Court, after considering the deposit of the entire amount and the petitioner's clean record, granted anticipatory bail subject to surrender within eight weeks, a bail‑bond of Rs 10,000 with two sureties, and compliance with Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order thus protects the petitioner from arrest pending further proceedings, while imposing strict conditions to ensure his appearance.
Issues considered
- Whether anticipatory bail should be granted in a case involving alleged offences under IPC Sections 420 and 379.
- Whether the petitioner’s repayment of the alleged amount and clean antecedent justify the grant of anticipatory bail.
- Whether the conditions imposed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, are appropriate.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Indian Penal Code — s. 379, 420
Subjects
- anticipatory bail
- cheating
- theft
- IPC 420
- IPC 379
- clean antecedent
- bail conditions
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13722 of 2026
Arising Out of PS. Case No.-275 Year-2023 Thana- MOKAMAH District- Patna
======================================================
Dharmendra Kumar S/o- Late Suresh Rai @ Ram R/v- Ward No 11, Gram
Panchayat More, Eastern, Ps- Mokama Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mukesh Kumar, Advocate
For the Opposite Party/s : Mr. Pramod Kumar Pandey, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 23-03-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 420, 379 of the Indian
Penal Code.
3. It is alleged that this petitioner, being ward Sachiv,
illegally withdrew Rs. 48,000/- from the account of the
Panchayat.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Rather, it
was a bone fide mistake and petitioner has already deposited the
entire alleged amount of Rs. 48,000/- in the account concerned
vide Annexure- P/2 and 2/A. Petitioner claims clean antecedent.
5. Considering the fact that petitioner has already
deposited entire alleged amount and claims clean antecedent,
Patna High Court CR. MISC. No.13722 of 2026(2) dt.23-03-2026
2/2
this anticipatory bail is allowed and it is ordered that let the
above named petitioner in the event of his arrest/surrender
before the court below within a period of eight weeks from
today, be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned ACJM-III, Barh, Patna in
connection with Mokama P. S. Case No. 275 of 2023, subject to
condition as laid down under Section 482(2) of the Bharatiya
Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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