Created by Fuzzy Cloud

Patna High Court

Ravi PrakashversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

Bail is granted to the petitioner subject to a bond of Rs.10,000 and two sureties, under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Summary

Ravi Prakash, a junior engineer, was implicated in a complaint alleging misuse of government funds allocated for a school building, invoking Sections 406, 409 and 420 of the Indian Penal Code. He contended that he was never a member of the committee overseeing the construction, was not posted at the site at the relevant time, and that the complainant had died, leaving no pending departmental inquiry. The petitioner highlighted his clean criminal record and asserted no risk of absconding or tampering with evidence. The State opposed bail, but the court, after weighing the allegations, the petitioner’s innocence claim, and his clean antecedent, ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The order directed surrender within six weeks to the Sub‑Divisional Judicial Magistrate, Masaurhi.

Issues considered

  • Whether bail should be granted to the petitioner despite allegations under IPC Sections 406, 409 and 420.
  • Whether the petitioner poses a flight risk or risk of tampering with evidence.

Legislation cited

Subjects

  • bail
  • IPC 406
  • IPC 409
  • IPC 420
  • government fund misuse
  • school construction
  • clean antecedent
  • Section 482
  • Bharatiya Nagarik Suraksha Sanhita
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17755 of 2026
                   Arising Out of PS. Case No.-294 Year-2018 Thana- COMPLAINT CASE - MASAURHI
                                                      District- Patna
                 ======================================================
                 Ravi Prakash Son of Dharmendra Kumar Resident of Village- Bhaluari, P.O.-
                 Shankarpur Badiha, P.S.- Indrapuri, District- Rohtas

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Ujjwal Kumar Singh, Advocate
                 For the Opposite Party/s :     Mr. Mohammed Arif, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   25-03-2026                           Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                     2. The petitioner apprehends his arrest in a case

                   registered under Sections 406, 409 and 420 of the Indian Penal

                   Code.

                                   3.    It is alleged that petitioner has misused the

                   government fund allocated for construction of school building.

                                   4.    Learned counsel appearing on behalf of the

                   petitioner submits that petitioner is innocent and has falsely

                   been implicated in the present case due to dirty village politics.

                   Further submission is that petitioner is a Junior Engineer and

                   after joining the service, he was on training and thereafter, work
Patna High Court CR. MISC. No.17755 of 2026(2) dt.25-03-2026
                                            2/3




          was allotted to him vide letter dated 28.11.2014. At the time of

          alleged occurrence, petitioner was neither the member of the

          committee nor he was posted to see the construction work.

          Petitioner had no concerned with the construction of the

          concerned school and the question of any involvement of the

          petitioner in the alleged occurrence does not arise. He next

          submits that the complainant has already died. No inquiry is

          pending against the petitioner before the department. Petitioner

          has got no criminal antecedent and he undertakes to cooperate in

          the trial. There is no chance of absconding of the petitioner or

          tampering with the evidence.

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

          bail.

                         6. Having considered the facts and circumstances of

          the case, submissions of learned counsel for the parties, nature

          of allegation and clean antecedent of the petitioner, let the above

          named petitioner be released on bail, in the event of arrest or

          surrender before the learned court below within a period of six

          weeks from today, on furnishing bail bond of Rs.10,000/-

          (Rupees Ten Thousand) with two sureties of the like amount

          each to the satisfaction of learned Sub-Divisional Judicial

          Magistrate, Masaurhi, Patna in connection with Complaint Case
            Patna High Court CR. MISC. No.17755 of 2026(2) dt.25-03-2026
                                                        3/3




                      No. 294(C) of 2018, subject to the conditions as laid down

                      under Section 482(2) of the Bharatiya Nagarik Suraksha

                      Sanhita.



                                              (Sunil Dutta Mishra, J)
utkarsh/-

U       T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.