Patna High Court
DASHRATH YADAV @ DASHRATH KUMAR YADAVversusTHE STATE OF BIHAR
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court held that anticipatory bail is warranted given the deposit of the alleged embezzled amount and granted bail subject to statutory conditions.
Summary
Dashrath Yadav applied for anticipatory bail in connection with a case alleging embezzlement of Rs 8,17,555 from group loan installments. The prosecution alleged that he, along with co‑accused, failed to deposit the money with SSFL Company, while the petitioner claimed innocence and that the amount had already been deposited in Sapandana Sfruit Financial Ltd. The State opposed bail, highlighting a specific allegation of embezzling Rs 50,680 against the petitioner. The Court considered the deposit of the alleged amount and the provisions of Sections 438 of the CrPC and 482 of the Bhartiya Nagarik Suraksha Sanhita, and decided to grant anticipatory bail. The bail was ordered on a bond of Rs 10,000 with two sureties and subject to conditions including appearance before the trial court, non‑tampering with witnesses, and verification of the deposit.
Issues considered
- Whether anticipatory bail should be granted under Section 438 CrPC in view of the alleged embezzlement charges.
- Whether the alleged deposit of the disputed amount negates the risk of flight or tampering, justifying bail.
- Whether the specific allegation of embezzling Rs 50,680 against the petitioner precludes the grant of anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 316(2), 318(4)
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- embezzlement
- Bharatiya Nyaya Sanhita
- Criminal Procedure
- Section 438
- Section 482
- Bhartiya Nagarik Suraksha Sanhita
- group loan fraud
- financial crime
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15353 of 2026
Arising Out of PS. Case No.-51 Year-2025 Thana- Jagdishpur District- West Champaran
======================================================
Dashrath Yadav @ Dashrath Kumar Yadav S/O Ramshish Yadav @
Ramashish Yadav Resident Of Village- Moti Tola, Ward No 09, Ps-
Chanpatia, District- East Champaran
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sujeet Kumar, Advocate
For the Opposite Party/s : Mr. Prem Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 29-04-2026 Heard the learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Jagishpur P.S. Case No. 51/2025, F.I.R dated
24.03.2025 registered for the offences punishable under
Sections 316(2) and 318(4) of the Bharatiya Nyaya Sanhita,
2023.
3. According to prosecution case, the petitioner along
with the co-accused persons in connivance with one another are
alleged to have embezzled Rs. 8,17,555/- which was collected
from group loan installments and failed to deposit them with the
SSFL Company.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.15353 of 2026(3) dt.29-04-2026
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petitioner is innocent and has not committed any offence. The
petitioner has got no criminal antecedent. Learned counsel has
submitted that the amount in question has already been
deposited in the account of Sapandana Sfruit Financial Ltd.
Company, vide Annexure-2, page 17.
5. Learned APP for the State opposes the prayer for
anticipatory bail application by submitting that the specific
allegation of embezzling Rs. 50,680/- is against the petitioner.
6. Considering the aforesaid facts and circumstances
that the embezzled amount has already been deposited.
Accordingly, this Court is inclined to grant the privilege of
anticipatory bail to the petitioner.
7. Let the petitioner, above named, in the event of
his/her arrest or surrender before the Court below within a
period of thirty days from the date of receipt of the order, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Judicial Magistrate-1, Bettiah, West
Champaran in connection with Jagishpur P.S. Case No. 51/2025,
subject to the conditions as laid down under Section 438(2) of
the Code of Criminal Procedure / Section 482(2) of the Bhartiya
Nagarik Suraksha Sanhita and with other following conditions:-
Patna High Court CR. MISC. No.15353 of 2026(3) dt.29-04-2026
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(i) one of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
official document/personal affidavit to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of his/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(v). learned counsel below is directed to verify that
the amount has been deposited by the petitioner or not and on
verification the bail bond shall be accepted.
(Ajit Kumar, J)
atul/-
U T
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