Patna High Court
Sri Nagendra Das @ Mahanth Nagendra DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court held that anticipatory bail should be granted to the petitioner, subject to a bond and sureties, as the circumstances did not justify its denial.
Summary
The petitioner, Nagendra Das, a puja priest and member of the managing committee of a temple, was implicated in a complaint alleging offences under IPC sections 406, 420, 467, 471 and 120B for allegedly diverting income from advertising hoardings installed on temple premises into his personal account. The prosecution argued that he, together with his son and an advertising firm, conspired to misuse temple funds, while the petitioner contended that the allegations were false, that the land and assets were transferred to him under traditional guru‑shishya customs, and that all income was used for temple activities. He applied for anticipatory bail fearing arrest, and the State opposed the relief. The Court examined the nature of the alleged offences, the possibility of the petitioner’s surrender, and the principles governing anticipatory bail under Section 438 of the CrPC. Finding no compelling reason to deny bail and noting the petitioner’s clean antecedents, the Court granted anticipatory bail subject to a bond and sureties. The order directed that if arrested within eight weeks, the petitioner be released on bail under the stipulated conditions.
Issues considered
- What is the appropriateness of granting anticipatory bail to the petitioner under Section 438 of the CrPC in view of the alleged offences under IPC sections 406, 420, 467, 471 and 120B?
- Whether the nature of the alleged offences and the circumstances of the case warrant denial of anticipatory bail?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 120B, 406, 420, 467, 471
Subjects
- anticipatory bail
- IPC
- CrPC
- criminal breach of trust
- cheating
- forgery
- criminal conspiracy
- temple management
- religious institution
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14439 of 2026
Arising Out of PS. Case No.-2421 Year-2024 Thana- PATNA COMPLAINT CASE District-
Patna
======================================================
Sri Nagendra Das @ Mahanth Nagendra Das S/o Late Rameshwar Dubey
Chela @ Late Mahanth Baidehi Sharan R/o Rajapur Pul, Gate no. 29, Siya
Bihari Kunj Thakurbari, P.s.- Shri Krishnapuri, Distt.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Singh, Sr.Advocate with
Mr. Rudrank Shivam Singh, Adv.
Mr. Rqanvir Pratap Singh, Adv.
For the Opposite Party/s : Mr. Ram Priya Sharan Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 27-02-2026 Heard learned senior counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in Complaint
Case No. 2421 of 2024, punishable for the offence under
Sections 406, 420, 467, 471 and 120B of the Indian Penal Code.
3. The prosecution case, in brief, is that this petitioner,
who is Pujari and Member of the Managing Committee of Sri
Ram Janki Siya Bihari Kunj Thakurbari Nyash Samittee along
with his son Manikant Kumar and Shahnawaz Ali, proprietor of
Pooja Advertising Company, committed illegal acts relating to
Patna High Court CR. MISC. No.14439 of 2026(2) dt.27-02-2026
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temple management. Following complaints by co-villagers, the
Bihar Rajya Dharmic Nyash Parishad conducted an inspection,
found the allegations to be true and constituted a new committee
of 11 members. Despite directions of the committee to submit
details of temple income and expenditure, Nagendra Das
(petitioner herein) allegedly failed to comply the direction. It
was found that advertising hoardings were installed in the
temple premises and an agreement was executed between
Manikant Kumar and Pooja Advertising Company. Investigation
revealed that income from the hoardings was deposited into the
personal account of petitioner and was misused.
4. Learned counsel for the petitioner submits that
petitioner is Mahanth of Shri Ram Janki Siya Bihari Kunj
Thakurbari Mandir and also a member of the Adhoc Committee
constituted on 05.09.2023. The petitioner has been serving and
offering prayers at the Mandir, as Mahanth, since 1994 after
passing of his guru. The present complaint has been filed by
Secretary of Shri Ram Janki Siya Bihari Kunj Thakurbari
Mandir against petitioner only with a view to malign the
reputation of petitioner. Petitioner has been handling the affairs
of the Matha for nearly 30 years and all the payments were
utilized in organizing puja and in the upkeep of the Matha. So
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far as allegation of getting a portion of the Matha registered in
the petitioner's name is concerned, it is pertinent to mention here
that said land was earlier registered in the name of Mahanth
Baidehi Nandani and after his death, same was transferred in the
name of his disciple Mahanth Baidehi Sharan and thereafter
following the same tradition, as part of Guru-Shishya
Parampara, the land was registered in the name of this
petitioner by virtue of being his disciple, which was finally
registered on 04.01.2006 in the name of this petitioner.
Petitioner claims clean antecedent.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. In the facts and circumstances of the case, the
prayer for anticipatory bail of petitioner is allowed.
7. Accordingly, in the event of arrest/surrender before
the Trial Court within a period of eight weeks from today, let the
above named petitioner 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 Chief Judicial
Magistrate, Patna in connection with Complaint Case No.
2421(C) of 2024, subject to condition as laid down under
Section 438(2) of the Code of Criminal Procedure/ Section 482
Patna High Court CR. MISC. No.14439 of 2026(2) dt.27-02-2026
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of the B.N.S.S., 2023.
(Prabhat Kumar Singh, J)
anay
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