Patna High Court

Pawan KumarversusThe State of Bihar

Decided: 28 January 2026
Disposal: DISMISSED
Bench: ALOK KUMAR SINHA

Holding

Anticipatory bail was denied due to the petitioner’s undue delay and lack of justification.

Summary

The petitioner, Pawan Kumar, sought anticipatory bail in a criminal case registered under sections 420, 406 and 506 of the Indian Penal Code for alleged misappropriation of public money. The FIR was lodged on 1 February 2021, but the petitioner approached the Patna High Court for bail only on 9 January 2026, a delay of nearly five years. The court noted the long lapse and the lack of any explanation for the delay, concluding that there was no genuine apprehension of arrest. Consequently, the court declined to grant anticipatory bail. The petition for anticipatory bail was therefore rejected.

Issues considered

Whether anticipatory bail can be granted when the petitioner approaches the court after a substantial delay without satisfactory explanation
Whether the nature of offences under sections 420, 406 and 506 IPC precludes anticipatory bail in the present circumstances

Legislation cited

Indian Penal Code — s. 406, 420, 506

Subjects

anticipatory bail
delay
Indian Penal Code
misappropriation of public funds
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1676 of 2026
                      Arising Out of PS. Case No.-36 Year-2021 Thana- BITHAN District- Samastipur
                 ======================================================
                 Pawan Kumar S/o- Late Narayan Kushwaha @ Ram Narayan Kushwaha
                 Muhalla- Lalkothi Tatarpur, P.S.-Tatarpur, District- Bhagalpur

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Madhav Krishna, Adv
                 For the Opposite Party/s :       Mr.Sanjay Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

2   28-01-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P for the State.

                                2. Petitioner apprehends his arrest in a case registered

                   for the offence punishable under sections 420, 406, 506 of the

                   Indian Penal Code.

                                3. Allegation against the petitioner is that he

                   misappropriated the public money.

                                4. Considering the fact that the FIR was lodged on

                   01.02.2021 and the petitioner has belatedly approached this

                   Court on 09.01.2026, there does not appear to be any

                   apprehension of arrest. Hence on account of delay and latches

                   on the part of the petitioner for which there is no explanation, I
            Patna High Court CR. MISC. No.1676 of 2026(2) dt.28-01-2026
                                                        2/2




                      am not inclined to grant privilege of anticipatory bail to the

                      petitioner. Accordingly, the prayer for anticipatory bail of the

                      petitioner stands rejected.



N.K/-                                                         (Alok Kumar Sinha, J)

U       T

Continue reading with your account

Checking your session…