Patna High Court
Dadan Ram @ Dadan PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court granted anticipatory bail to the petitioner subject to the stipulated conditions.
Summary
Dadan Ram, a headmaster, was accused of defalcating admission and registration fees of 116 students, allegedly preventing them from appearing for examinations. He contended that the fees were deposited with the Bihar School Examination Board, that the registration portal was not operational, and that he had no criminal antecedent, having already been suspended. The petitioner sought anticipatory bail under Sections 316 and 318 of the Bihar Negotiable Securities Act. The court noted the petitioner’s suspension, the deposit of the monies, and the absence of prior criminal record, and applied the provisions of Section 438(2) of the Criminal Procedure Code and Section 482(2) of the Bihar Negotiable Securities Act. Accordingly, the court granted anticipatory bail on a bond of Rs.10,000 with two sureties, subject to conditions of family surety, cooperation with investigation, and possible cancellation for non‑cooperation.
Issues considered
- Whether anticipatory bail should be granted in a case of alleged defalcation under Sections 316 and 318 of the Bihar Negotiable Securities Act.
- Whether the petitioner’s suspension and the deposit of the alleged amounts affect the grant of bail.
- What conditions may be imposed under Section 438(2) Cr.P.C. and Section 482(2) of the Bihar Negotiable Securities Act in granting anticipatory bail.
Legislation cited
- Bihar Negotiable Securities Act — s. 316, 318, 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- defalcation
- admission fee
- school administration
- Section 316
- Section 318
- bail conditions
- suspension
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19597 of 2026
Arising Out of PS. Case No.-4 Year-2026 Thana- KARAMCHAT District- Kaimur (Bhabua)
======================================================
Dadan Ram @ Dadan Paswan Son of Gena Ram Resident of Village- Thiloi,
P.S.- Karamchat, District- Kaimur at Bhabhua
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mukesh Kumar
For the Opposite Party/s : Mr.Nawal Kishore Prasad
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 06-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case
registered for the offence punishable under Sections 316, 318 of
the B.N.S.
3. The petitioner, who was the then Headmaster of the
Upgraded Higher Secondary School, Sabar, is said to have
defalcated the admission fee and registration fee of 36 students
of science and 80 students of Arts.
4. Learned counsel for the petitioner submits, at the
outset that the petitioner is the principal of the Upgraded Higher
Secondary School, Sabar and the allegation against him is that
he had taken admission fee and registration fee from students
but due to his conduct the students could not take their
examination. It is further submitted that the petitioner is
Patna High Court CR. MISC. No.19597 of 2026(2) dt.06-04-2026
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nowhere responsible for the offence as alleged. As a matter of
fact, he had sent several mails to the Bihar School Examination
Board, however, the registration process was not complete as
the portal was not open. He has also submitted that the entire
money has already been deposited before the Bihar School
Examination Board (Annexure-5) and as such, the petitioner has
not cheated any students and he has no criminal antecedent.
Further, the petitioner has also been suspended.
5. Learned APP for the State has opposed the
application for anticipatory bail.
6. Taking into consideration the facts and
circumstances and also considering the fact that the petitioner
has already been suspended and has deposited the amounts
before the Bihar School Examination Board and in the
development fund, let the above named petitioner in the event of
his arrest or surrender before the learned Court below within a
period of four weeks from today, be enlarged on bail on
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of the
learned court below where the case is pending/successor court
in connection with Karamchat P.S. Case No. 04 of 2026, subject
to the condition as laid down under Section 438 (2) of the
Patna High Court CR. MISC. No.19597 of 2026(2) dt.06-04-2026
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Cr.P.C./482(2) of the B.N.S.S., subject to the conditions that:
(I) One of the bailors would be the family member
or relative.
(II) The petitioner shall cooperate in
investigation/trial and in case of non-cooperation, the
prosecution would be at liberty to move an application for
cancelling the bail bonds of the petitioner.
(Soni Shrivastava, J)
devendra/-
U T
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