Patna High Court
Md. Arzoo KhanversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is refused.
Summary
Md. Arzoo Khan, a ward secretary, was implicated in a case (PS No.67/2022) alleging misappropriation of Rs 31,22,700 of government funds meant for development schemes, under Sections 409, 420 and 34 of the Indian Penal Code. He applied for anticipatory bail, claiming innocence, clean antecedents, and that the allegations stem from village politics, noting that a portion of the work had been completed. The State opposed the bail, emphasizing the seriousness of the alleged embezzlement. The Court examined the nature of the accusations and the large sum involved, and concluded that the seriousness warranted denial of bail. Consequently, the anticipatory bail application was refused.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in light of allegations of misappropriation of government funds under IPC Sections 409, 420 and 34.
- Whether the claim of political victimisation and clean antecedents is sufficient to merit bail.
Legislation cited
- Criminal Procedure Code — s. 438
- Indian Penal Code — s. 34, 409, 420
Subjects
- anticipatory bail
- misappropriation of government funds
- IPC 409
- IPC 420
- political victimisation
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26478 of 2026
Arising Out of PS. Case No.-67 Year-2022 Thana- BELSAND District- Sitamarhi
======================================================
Md. Arzoo Khan Son of Juhi Khan Resident of Village- Khortha, P.S.-
Belsand, District- Sheohar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar Alok, Advocate
For the Opposite Party/s : Mr. Uday Chand Prasad, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 24-06-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in Belsand P. S. Case
No. 67 of 2022 registered for the offence punishable under
Sections 409, 420, 34 of the Indian Penal Code.
3. As per F.I.R., this petitioner along with other
accused persons, being Ward Secretary of Ward No.12 Gram
Panchayat Raj, Khurpatti, misappropriated government fund of
Rs 31,22,700/-. It is alleged that the aforesaid amount was
transferred for implementation of development Scheme No.
01/19-20 and 09/19-20 but despite the work remained
incomplete and petitioner along with others embezzled the
government fund.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Petitioner
Patna High Court CR. MISC. No.26478 of 2026(3) dt.24-06-2026
2/2
has falsely been implicated in this case due to village politics.
He further submits that work of Rs. 30,917/- has already been
completed much prior to the institution of the case and
inspection was done behind his back. Petitioner claims clean
antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the nature of accusation and the fact
that petitioner along with others misappropriated huge amount
of government fund, prayer for anticipatory bail of the petitioner
is refused.
(Prabhat Kumar Singh, J)
Navya/Sanjay
U T
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