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Patna High Court

Sri Budhan Mahto @ Buddhan MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioners subject to bond and conditions.

Summary

The petitioners, Budhan Mahto and Prameshwar Paswan, were implicated in a case under Section 409 of the IPC alleging misappropriation of funds meant for a solar lighting scheme, with claims that sanctioned units were not installed and substandard units were installed at inflated rates. They contended that they have clean antecedents, were falsely implicated by the informant, and that the investigation had been delayed for over a decade without any arrest or application for process under Section 82 CrPC. The State opposed their prayer for anticipatory bail. The Court, after considering the petitioners' submissions, granted anticipatory bail subject to a bond of Rs. 25,000 each with two sureties and conditions under Section 482(2) of the BNSS, provided they surrender within six weeks if arrested. The order emphasizes the petitioners' willingness to cooperate with the investigation and the lack of risk of absconding. The bail was conditioned on compliance with the stipulated terms.

Issues considered

  • Whether anticipatory bail can be granted in a case involving alleged criminal breach of trust under Section 409 IPC.
  • Whether the petitioners' clean antecedent and the delay in investigation justify the grant of anticipatory bail.
  • Whether there is a likelihood of the petitioners absconding or tampering with evidence.
  • Whether the conditions prescribed under Section 482(2) of the BNSS are appropriate for anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 409 IPC
  • misappropriation of funds
  • solar lighting scheme
  • false implication
  • clean antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17086 of 2026
                   Arising Out of PS. Case No.-221 Year-2015 Thana- BACHHWARA District- Begusarai
                 ======================================================
           1.     Sri Budhan Mahto @ Buddhan Mahto S/o Amrit Mahto Resident of -
                  Sukkan Tola, Near Jamunalal Pokhar, Ward No.41, P.S - Balliya, District -
                  Begusarai
           2.    Sri Prameshwar Paswan @ Parmeshwar Paswan S/o Braham Dev Paswan
                 R/o Village - Sultanpur, Ward No. 03, P.S - Desari, District - Vaishali

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Akash Kumar Mishra
                 For the Opposite Party/s :        Mr.Anil Kumar Singh No. 1
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   15-05-2026               1.      Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                             2.      The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Section 409 of the

                   Indian Penal Code.

                             3.      Learned counsel for the petitioners submits that the

                   petitioners are persons with clean antecedent and the informant

                   alleges        that   accused    persons     including      the    petitioners

                   misappropriated an amount of Rs. 14,46,835/- withdrawn under

                   the 12th and 4th Finance Commission and the Backward Region

                   Grant Fund between the financial years 2007-08 and 2014-15 by

                   not installing 32 sanctioned solar light unit and installing 85
Patna High Court CR. MISC. No.17086 of 2026(2) dt.15-05-2026
                                            2/3




          substandard unit at inflated rates.

                   4.     Learned counsel for the petitioners submits that

          petitioners have been falsely implicated in the instant case by

          the informant. It is next submitted that from perusal of the

          allegations as alleged in the FIR, it would manifest that the

          informant alleges that 32 sanctioned solar light units were not

          installed rather 85 substandard units were installed at inflated

          rates. It is further submitted that the scheme was floated in the

          years 2007-08 to 2009 and the FIR came to be instituted in

          2015, when the life of a solar light is 5 years. It is also submitted

          that in between these 10-11 years, the police never made any

          endeavours to arrest the petitioner nor police sought process

          under section 82 Cr.P.C from the learned trial court and the

          investigation in the case is still continuing. It is also submitted

          that petitioners will not abscond rather will co-operate in the

          investigation to prove their innocence.

                   5.     Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioners.

                   6.     Considering the submissions made by the learned

          counsel for the petitioners, the petitioners above-named, in the

          event of their arrest or surrender within a period of six weeks

          from today, be released on anticipatory bail on furnishing bail
              Patna High Court CR. MISC. No.17086 of 2026(2) dt.15-05-2026
                                                          3/3




                        bonds of Rs. 25,000/- (Rupees Twenty-five Thousand) each with

                        two sureties of the like amount each to the satisfaction of the

                        learned trial court where the case is pending/successor court in

                        connection with Bachhwara P.S. Case No. 221 of 2015, subject

                        to the conditions as laid down under Section 482 (2) of the

                        BNSS.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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