Patna High Court
Bhim Kumar ChouhanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The petitioners are entitled to anticipatory bail as the alleged conduct does not amount to a serious offence under the cited provisions.
Summary
The petitioners, Bhim Kumar Chouhan (Mukhiya) and Ramjiwan Yadav, were accused of selling two water tanks that were part of the Chief Minister’s Nal Jal Yojana after the tanks were damaged in a storm. An FIR filed by a ward‑member informant alleged theft, abuse and threat, invoking Sections 303(2) and 303(3)(5) of the Bharatiya Nagarik Suraksha Sanhita (BNSS). The petitioners argued that the allegation was a political vendetta, that the tanks were already damaged, were sold to a third party who bought them in that condition, and that Rs 24,000 had already been paid to the informant for repairs. The State opposed anticipatory bail, contending that the sale amounted to criminal misappropriation. The Court, noting the lack of a serious offence and the damaged state of the tanks, granted anticipatory bail subject to a bond of Rs 10,000 and two sureties, invoking Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS.
Issues considered
- Whether the alleged sale of damaged water tanks constitutes criminal misappropriation under Sections 303(2) and 303(3)(5) of the BNSS
- Whether anticipatory bail should be granted in view of the seriousness of the alleged offence
- Whether the claim of political vendetta negates the applicability of the criminal provisions
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 303(2), 303(3)(5), 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- criminal misappropriation
- political vendetta
- water tanks
- BNSS
- Section 303
- Section 438
- Section 482
- Nal Jal Yojana
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3003 of 2026
Arising Out of PS. Case No.-197 Year-2025 Thana- MALI District- Aurangabad
======================================================
1. Bhim Kumar Chouhan S/O Bhuneshwar Chauhan @ Bhuneshwar Nonia
R/O Vill and P.s.- Mali, Dist.- Aurangabad, Bihar
2. Ramjiwan Yadav S/O Late Harihar Yadav R/O Vill and P.s.- Mali, Dist.-
Aurangabad, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aman Vishal, Advocate
For the State : Mr. Md. Matloob Rab, APP
For the informant : Ms. Mukul Kumari, Advocate
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioners and
learned A.P.P. for the State and learned counsel for the
informant.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 303(2),
3(5) of the B.N.S.
3. The allegation in the First Information report is
that the petitioners, who are the Mukhiya and his associate sold
two water tanks which were subject matter of Chief Minister’s
Nal Jal Yojana and when the informant, who was the Ward
member, confronted with regard to same, he was abused and
threatened.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.3003 of 2026(2) dt.28-01-2026
2/3
the petitioner no.1 is Mukhiya of the said Panchayat and the
allegation of theft of two water tanks in question made by the
informant, who is a Ward member, is only a result of political
vendetta. As a matter of fact, the two tanks had got badly
damaged in the storm and the person who is alleged to have
purchased the said tanks being, Baijnath Prasad, has also stated
during the course of investigation in paragraph-27, as would be
evident from the bail rejection order, that he collects garbage
from door to door and he purchased two water tanks which were
in a damaged condition. It is thus submitted on behalf of the
petitioners that the petitioners have not put the water tanks for
personal use and are thus not responsible for any criminal
misappropriation in view of the fact that Rs.24,000/- has already
been given to the informant from the funds of the Mukhiya for
purposes of repair.
5. Learned counsel for the informant opposed the
prayer for anticipatory bail on the ground that the petitioners
have sold off the water tanks and as such, have committed the
offence of criminal misappropriation by putting the same to
their own personal use.
6. Taking into consideration the facts and
circumstances and also considering the fact that the water tanks
Patna High Court CR. MISC. No.3003 of 2026(2) dt.28-01-2026
3/3
in question were already in a damaged condition and the same
could have served no useful purpose, the petitioners do no seem
to have committed any serious offence and considering that
other remedial measures could be taken to make good the loss,
let the above named petitioners, be released on bail, in the event
of their arrest or surrender before the learned Court below
within a period of four weeks from today, on furnishing bail
bond of Rs. 10,000/- (Rupees Ten Thousand) each 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 Mali P.S. Case No. 197 of 2025, subject to the
condition as laid down under Section 438 (2) of the Cr.P.C/
Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita
(BNSS), 2023.
(Soni Shrivastava, J)
anand/-
U T
Checking your session…