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Patna High Court

Bhim Kumar ChouhanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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