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Patna High Court

Dharmendra KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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The petitioner, Dharmendra Kumar, a ward Sachiv, was alleged to have illegally withdrawn Rs 48,000 from a Panchayat account, attracting charges under Sections 420 and 379 of the Indian Penal Code.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

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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