Patna High Court
Ravi PrakashversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
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
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Indian Penal Code — s. 406, 409, 420
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
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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
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