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Patna High Court

UmangversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                            2/3




          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
                                                        3/3




                      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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