Patna High Court
Pradeep Kumar @ Pradeep BhandariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted anticipatory bail to the petitioner, subject to specified conditions including deposit of the alleged amount.
Summary
Petitioner Pradeep Kumar, a former Panchayat Sachiv, was implicated in a case alleging withdrawal of Rs. 42,000 from a government fund, attracting charges under IPC sections 419, 420, 467, 468, 406 and 409. He asserted his innocence, highlighted his superannuation and clean record, and offered to deposit the alleged excess amount. The State opposed his request for anticipatory bail. The Court, considering the petitioner’s age, clean antecedents, and his undertaking to pay the amount, granted anticipatory bail. The order required a bail‑bond of Rs. 10,000 with two sureties and mandated the deposit of Rs. 42,000 in the Civil Court, subject to the final outcome of the trial, with the power to cancel bail for non‑compliance.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite serious IPC charges.
- Whether the petitioner’s willingness to deposit the alleged misappropriated amount and his clean antecedents justify granting bail.
- Whether Section 482(2) of the B.N.S.S. can be invoked to impose conditions on the bail.
Legislation cited
- B.N.S.S. — s. 482(2)
- Indian Penal Code — s. 406, 409, 419, 420, 467, 468
Subjects
- anticipatory bail
- Indian Penal Code
- government fund misappropriation
- superannuation
- bail conditions
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2018 of 2026
Arising Out of PS. Case No.-174 Year-2025 Thana- RAJNAGAR District- Madhubani
======================================================
Pradeep Kumar @ Pradeep Bhandari S/O Shivnarayan Bhandari R/O Village-
Arer, P.S- Arer, Dist.- Madhubani (The Then panchayat Sachiv of Patwara
Panchayat).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Gagan Deo Yadav, Advocate
Mr. Udeshya Kumar Yadav, Advocate
For the State : Md. Aslam Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 31-01-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 419, 420,
467, 468, 406 and 409 of the Indian Penal Code.
3. As per F.I.R., informant, who happens to be
Panchayat Secretary of Block- Rajnagar, alleged that this
petitioner, along with other accused persons, withdrew Rs.
42,000/- excess from Government fund.
4. It is submitted by learned counsel for the petitioner
that the petitioner is quite innocent and has committed no
offence. Petitioner has falsely been implicated in this case only
because at the relevant time, he was posted as Panchayat Sachiv
Patna High Court CR. MISC. No.2018 of 2026(2) dt.31-01-2026
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and has already superannuated. However, it is submitted that at
this stage, without admitting his guilt, petitioner is ready to
deposit the excess amount allegedly withdrawn by him,
amounting to Rs. 42,000/-. Petitioner claims clean antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioner.
6. Considering the facts and circumstances of the
case, nature of accusation, fact that petitioner has already
superannuated, aforesaid undertaking of the petitioner and clean
antecedents, the prayer for grant of anticipatory bail to the
petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioner be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned A.C.J.M. Ist, Madhubani in
connection with Rajnagar P.S. Case No. 174 of 2025, subject to
condition as laid down under Section 482(2) of the B.N.S.S.,
along with the following terms and conditions:
“A. At the time of furnishing bail-bond, excess
amount allegedly withdrawn by this
petitioner, amounting to Rs. 42,000/- (Forty
two thousand rupees), shall be deposited
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through cash in the Nazarat of the Civil
Court, Madhubani.
B. The aforesaid payment shall be subject to the
final outcome of the case.
C. If petitioner fails to comply the aforesaid
direction of this Court, the learned Trial Court
is free to cancel the bail-bond of the
petitioner.”
8. It is made clear that without going into the merit
of the case, the aforesaid order has been passed only for the
purpose of grant of bail.
(Prabhat Kumar Singh, J)
shashank/-
U T
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