Patna High Court
Pawan Kumar @ Paswan KimarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner subject to specified conditions.
Summary
The petitioner, Pawan Kumar Paswan, a Panchayat Sachiv, was implicated in a case under Sections 319(2), 318(4), 338 and 336(3) of the Bharatiya Nagarik Suraksha Sanhita for allegedly withdrawing Rs. 4,46,075 under the BRGF scheme along with the Mukhiya, Kamdeo Das. The petitioner sought anticipatory bail, claiming innocence and no prior criminal record, while the State opposed the relief. The court noted that the co‑accused Mukhiya had already been granted provisional bail and that the petitioner had no antecedent. Considering these factors, the court granted anticipatory bail subject to a bail bond of Rs.10,000, two sureties, cooperation with investigation, and verification of any concealed criminal antecedent. The order was made under Section 438(2) of the CrPC and Sections 482(2) and 438(2) of the BNS, with the bail to be effected within four weeks of arrest or surrender.
Issues considered
- What is the appropriateness of granting anticipatory bail to the petitioner under the allegations of misappropriation of funds?
- Whether the existence of a co‑accused who has already been granted provisional bail influences the grant of anticipatory bail to the petitioner?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 318(4), 319(2), 336(3), 338, 438(2), 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- misappropriation of funds
- BRGF scheme
- Panchayat official
- criminal procedure
- Bharatiya Nagarik Suraksha Sanhita
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31544 of 2026
Arising Out of PS. Case No.-101 Year-2025 Thana- PARANDABAR District- Nawada
======================================================
Pawan Kumar @ Paswan Kimar S/O Late Kedar Prasad R/O Village- Kanhai
Nagar, P.S- Nawada, P.S- Nawada, Distt.- Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Soni Kumari
For the Opposite Party/s : Mr.Syed Ehteshamuddin
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 13-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 319(2),
318(4), 338 and 336(3) of the BNS, in connection with
Parnadabar P.S.Case No. 101 of 2025.
3. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case, merely because he was working as Panchayat
Sachiv under the Mukhiya of the Gram Panchayat, who was
responsible for completion of work.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. From the allegation in the FIR, it transpires that the
Patna High Court CR. MISC. No.31544 of 2026(2) dt.13-05-2026
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petitioner was the Panchayat Sachiv and he along with
Mukhiya, namely, Kamdeo Das @ Mukhiya Shree @ Kamdev
Das, without completing the work which was given to them
under B.R.G.F Yojna, allegedly withdrew Rs. 4,46,075/-. Co-
accused Mukhiya, namely, Kamdeo Das @ Mukhiya Shree @
Kamdev has been granted provisional bail by a co-ordinate
Bench of this Court, vide order dated 21.01.2026 passed in Cr.
Misc. No. 74941 of 2025 on the undertaking given by the
Mukhiya/co-accused that he is ready to return the amount of Rs.
4,46,075/-with interest within a period of three months from the
date of filing of bail bonds..
6. Considering the fact that the co-accused Mukhiya,
namely, Kamdeo Das @ Mukhiya Shree @ Kamdev has
already been granted the provisional bail, subject to the
conditions mentioned in the said order, and that otherwise the
present petitioner has no criminal antecedent, I am inclined to
grant the privilege of anticipatory bail to the petitioner.
7. Let the petitioner, as named above, in the event of
his arrest or surrender within four weeks from today, be
enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction learned court of Ms. Anita Kumari, J.M. 1st Class,
Patna High Court CR. MISC. No.31544 of 2026(2) dt.13-05-2026
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Nawada in connection with Parnadabar P.S. Case No. 101 of
2025, subject to the conditions laid down under section 438(2)
of the Code of Criminal Procedure/Section 482(2) of the
Bharatiya Nagarik Suraksha Sanhita, 2023 and subject to further
condition that:-
(i) the petitioner shall co-operate in the investigation/
trial.
(ii) the learned court below would, however, verify
the criminal antecedent of the petitioner, and in case it is found
that the petitioner has concealed his criminal antecedent, the
court below shall take step for cancellation of bail bond of the
petitioner. However, it is expected that the verification process
would be done expeditiously without causing any delay.
(Alok Kumar Sinha, J)
HR/-
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