Patna High Court
Mausam KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The High Court exercised its inherent powers under Section 482(2) of the CrPC and granted bail to the petitioner subject to conditions.
Summary
The petitioner, Mausam Kumar, a former Technical Assistant of a Gram Panchayat, sought bail fearing arrest in a case (Morkahi PS Case No.175 of 2025) alleging offences under IPC sections 406, 409, 419, 420, 467, 468 and 120(B) for alleged defalcation of scheme funds. The FIR was lodged nine years after the alleged occurrence and primarily implicated the Panchayat Secretary and the then Mukhiya, with no clear allegation against the petitioner. The petitioner argued innocence, clean antecedent, and highlighted that the co‑accused had already been granted anticipatory bail by the same High Court. The State opposed the bail. Considering the long delay, doubtful nature of the accusation against the petitioner, and his lack of involvement in scheme implementation, the Court exercised its inherent powers under Section 482(2) of the CrPC and ordered bail on a bond of Rs.10,000 with two sureties and specific conditions. The bail order is subject to the petitioner’s presence in court as required.
Issues considered
- Whether bail should be granted to the petitioner given the delay in filing the FIR and the doubtful nature of the accusation.
- Whether the inherent powers of the High Court under Section 482(2) of the CrPC can be invoked to release the petitioner on bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 120B, 406, 409, 419, 420, 467, 468
Subjects
- bail
- anticipatory bail
- delay in FIR
- IPC sections 406 409 419 420 467 468 120B
- Section 482 CrPC
- Gram Panchayat fraud
- Technical Assistant
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13899 of 2026
Arising Out of PS. Case No.-175 Year-2025 Thana- MORKAHI District- Khagaria
======================================================
Mausam Kumar S/O Nepali Yadav R/O Vill.- Tematha, P.s.- Parbatta, Dist.-
Khagaria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Seema Kumari, Advocate
For the Opposite Party/s : Ms. Pronoti Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 18-03-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
02. In the present case, the petitioner is apprehending
his arrest in connection with Morkahi P.S. Case No. 175 of 2025
registered for the alleged offence under Sections 406, 409, 419,
420, 467, 468 and 120(B) of the Indian Penal Code.
03. As per prosecution case, on the written report of
Block Development Officer, Khagaria, a case has been registered
against the petitioner and other co-accused persons for defalcation
of money in the implementation of various Schemes being run by
Gram Panchayat -Madar South and for construction of building of
Panchayat Sarkar.
04. Learned counsel for the petitioner submits that
petitioner is innocent and has been falsely implicated in this case.
Patna High Court CR. MISC. No.13899 of 2026(2) dt.18-03-2026
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The petitioner used to work as Technical Assistant in the
concerned panchayat and the FIR has been lodged after 09 years
of alleged occurrence. Even from the FIR, it is apparent that the
allegation is against co-accused Panchayat Secretary, the then
Mukhiya and this petitioner but it is not clear why and how this
petitioner has been committed any wrong. The implementation of
Schemes and construction of building work was under the
jurisdiction of the then Mukhiya and Panchayat Secretary and
petitioner being a Technical Assistant has no concern in
implementation of the Schemes. The petitioner is having clean
antecedent. Learned counsel further submits that, moreover, the
then Mukhiya and the Panchayat Secretary have been granted
anticipatory bail by the different Co-ordinate Benches of this
Court vide order dated 04.02.2026 passed in Criminal Misc. No.
7616 of 2026 and order dated 20.02.2026 passed in Criminal Misc.
No. 8020 of 2026, respectively.
05. Learned APP for the State opposes the submission
made on behalf of the petitioner.
06. Having regard to the facts and circumstances and
submission made on behalf of the parties and considering the
delay in lodging the FIR and doubtful nature of accusation against
the petitioner, let the petitioner above named, in the event of his
arrest or surrender before the court concerned within a period of
Patna High Court CR. MISC. No.13899 of 2026(2) dt.18-03-2026
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eight weeks from today, be released on bail, on furnishing bail
bond of Rs. 10,000/- (Rupees Ten Thousand Only) with two
sureties of the like amount each to the satisfaction of learned
Additional Chief Judicial Magistrate-I, Khagaria/court concerned
in connection with Morkahi P.S. Case No. 175 of 2025, subject to
the condition laid down under Section 482(2) of BNSS and other
following conditions:
(i) One of the bailors will be a close relative of the
petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below, if so required
by the learned trial court.
(Arun Kumar Jha, J)
Ashish/-
U T
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