Patna High Court
Sri Budhan Mahto @ Buddhan MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- Bihar Non-judicial Service (BNSS) — s. 482(2)
- Criminal Procedure Code — s. 82
- Indian Penal Code — s. 409
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
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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
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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/-
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