Created by Fuzzy Cloud

Patna High Court

Pawan Kumar @ Paswan KimarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                       3/3




                     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/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.