Patna High Court

Baleshwar MistriversusThe State of Bihar

Decided: 11 February 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was granted to the petitioner subject to a bail bond and sureties, under the conditions of Section 438(2) CrPC and Section 482(2) B.N.S.S.

Summary

The petitioner, Baleshwar Mistri, a former Panchayat Sachiv, was accused under Sections 175 and 409 of the Indian Penal Code for allegedly failing to furnish merit lists and certificates of teacher candidates to the Vigilance Department. He sought anticipatory bail, arguing that the alleged misconduct pertained to periods before his posting and that he had superannuated in January 2021. The State opposed the bail. The Court examined whether the petitioner’s alleged acts justified arrest and whether anticipatory bail under Section 438 of the CrPC was appropriate. Considering the facts, the Court granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and compliance with conditions under Sections 438(2) CrPC and 482(2) B.N.S.S. The order was conditioned on surrender within eight weeks if arrested.

Issues considered

Whether anticipatory bail can be granted to the petitioner under Section 438 of the Criminal Procedure Code for offences under Sections 175 and 409 IPC.
Whether the petitioner’s tenure and superannuation preclude liability for the alleged misconduct.
Whether the allegations constitute a ground for arrest warranting denial of bail.

Legislation cited

B.N.S.S. — s. 482(2)
Code of Criminal Procedure, 1973 — s. 438(2)
Indian Penal Code — s. 175, 409

Subjects

anticipatory bail
Section 438 CrPC
Section 175 IPC
Section 409 IPC
Panchayat Sachiv
teacher appointment
superannuation
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3262 of 2026
                 Arising Out of PS. Case No.-17 Year-2023 Thana- ISHUPUR BARAHAT District- Bhagalpur
                 ======================================================
                 Baleshwar Mistri S/o Late Kuldip Mistri R/o Village - Ratanganj, Sukta
                 Bazar, P.S - Gopalpur, District – Bhagalpur


                                                                                 ... ... Petitioner/s
                                                       Versus
                 The State of Bihar


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Harish Chandra Patel
                 For the Opposite Party/s :      Mr.Ajay Mishra

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   11-02-2026                     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 under Sections 175, 409 of the Indian

                   Penal Code.

                                3. As per F.I.R., there is allegation against this

                   petitioner, who was Panchayat Sachiv, was entrusted with the

                   folders of merit lists & certificates of suitable teachers

                   candidates, but despite repeated reminders, this petitioner failed

                   to supply the same for verification to Vigilance Department.

                                4. Learned counsel for the petitioner submits that

                   petitioner has been made accused in this case only on suspicion.
Patna High Court CR. MISC. No.3262 of 2026(2) dt.11-02-2026
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          Petitioner joined, as Panchayat Sachiv, in the year 2015 in Gram

          Panchayt Payalpur, Block Gopalpur District Bhagalpur, whereas

          selection of newly Niyojit Teachers was made in the year 2003,

          2005, 2006, 2008 and 2012 in the Gram Panchayat Payalpur. He

          further submits that as per direction, issued by the Block

          Education Officer, Pirpaiti, Bhagalpur, petitioner already

          submitted application dated 23.02.2016 along with the folders

          and merit list relating to appointment of teachers in the Gram

          Panchayat Payalpur of the concerned years and as such,

          petitioner cannot be held responsible for the period when he was

          not posted in the concerned Gram Panchayat. Moreover,

          petitioner has already superannuated on 31.01.2021.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail.

                       6. Considering the aforesaid facts and circumstances,

          in the event of arrest/surrender before the Court below within a

          period of eight weeks from today, let the above named petitioner

          be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten

          thousand) with two sureties of the like amount each to the

          satisfaction of learned A.C.J.M. - XIII, Bhagalpur in connection

          with Ishipur Barahat P.S. Case No. 17 of 2023, subject to

          condition as laid down under Section 438(2) of the Cr.P.C. /
           Patna High Court CR. MISC. No.3262 of 2026(2) dt.11-02-2026
                                                       3/3




                     Section 482(2) of the B.N.S.S.



                                                    (Prabhat Kumar Singh, J)
anay

U      T

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