Patna High Court
UmangversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court held that anticipatory bail may be granted subject to conditions under Section 482(2) of the BNS, 2023, despite the pending criminal charges.
Summary
Umang, a postal assistant, was accused of misappropriating Rs.48,77,066 under Sections 316(2), 316(4) and 318(4) of the BNS, 2023. He claimed a clean antecedent, that the alleged withdrawal was inadvertent and the money was deposited before the FIR, and that a departmental inquiry was pending which might exonerate him. The petitioner sought anticipatory bail, arguing that a departmental exoneration on a pre‑ponderance of probability standard should preclude criminal conviction. The State opposed the bail. The High Court, after considering the submissions, granted anticipatory bail subject to a Rs.10,000 bond and two sureties, invoking its powers under Section 482(2) of the BNS, 2023. The bail order was conditioned on the petitioner surrendering within six weeks and complying with the trial court’s directions.
Issues considered
- Whether anticipatory bail can be granted in a case involving alleged misappropriation of public funds under Sections 316(2), 316(4) and 318(4) of the BNS, 2023.
- Whether the existence of a departmental proceeding and possible exoneration therein bars the grant of anticipatory bail.
- Whether the court may impose conditions under Section 482(2) of the BNS, 2023 while granting anticipatory bail.
Legislation cited
- BNS, 2023 — s. 316(2), 316(4), 318(4), 482(2)
Subjects
- anticipatory bail
- misappropriation of public funds
- Section 482
- criminal procedure
- departmental inquiry
- public money
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17366 of 2026
Arising Out of PS. Case No.-588 Year-2025 Thana- BETTIAH CITY District- West
Champaran
======================================================
Umang S/o- Rabindra Shukla R/v- Patilar Karhana Tola Ps- Chautarwa Dist-
Wst Champaran, A/P- Suhagan Beauty Parlour, Paschim Jha Tola Ps-
Banuchhapar Dist- West Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. Awadhesh Kumar, Assistant Postal Superintendent, Western Sub Division,
Bettiah Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Devendra Kumar, Advocate
For the Opposite Party/s : Mr. Navin Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 18-04-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 316(2),
316(4) and 318(4) of the BNS, 2023.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and the informant
alleges that petitioner as Postal Assistant misappropriated an
amount of Rs. 48,77,066/- during his posting at different post
offices.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
Patna High Court CR. MISC. No.17366 of 2026(2) dt.18-04-2026
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informant, it is next submitted that no doubt allegation is of
misappropriating public money, but then on account of
inadvertence, the money was withdrawn, but then the same was
also deposited much prior to institution of the instant FIR. It is
also submitted that petitioner is being proceeded departmentally.
It is further submitted that if in the departmental proceeding, the
petitioner is exonerated, whether it would be prudent for the
Court to send the petitioner to jail at this stage. It is further
submitted that departmental proceeding is based on
preponderance of probability and if based on preponderance of
probability, the petitioner is exonerated then definitely cannot be
convicted where rule of strict evidence applies.
5. Learned A.P.P. for the State opposes the
anticipatory bail application of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on anticipatory bail on furnishing bail
bonds of Rs. 10,000/- (Rupees Ten Thousand) 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 Bettiah Town P.S. Case No. 588 of 2025 subject to the
Patna High Court CR. MISC. No.17366 of 2026(2) dt.18-04-2026
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conditions as laid down under Section 482 (2) of BNSS.
7. Accordingly, the instant anticipatory bail
application stands allowed.
(Satyavrat Verma, J)
Rishabh/-
U T
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