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Patna High Court

Pradeep Kumar @ Pradeep BhandariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
             Patna High Court CR. MISC. No.2018 of 2026(2) dt.31-01-2026
                                                         3/3




                                          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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