Patna High Court
Chandeshwari Mehta @ Chandeshwari Prasad MehtaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail is granted to the petitioner subject to a Rs. 10,000 bond, two sureties of equal amount, and compliance with conditions under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Summary
The petitioner, Chandeshwari Mehta, was accused of embezzling Rs. 7,31,049 allocated for a government godown construction, under Sections 316(2), 318(4) and 3(5) of the Bhartiya Nyaya Sanhita, 2023. He claimed that the entire amount had already been deposited in the Purnia District Central Cooperative Bank on 12 September 2025 and asserted a clean antecedent. The petitioner sought bail, fearing arrest, and submitted the deposit evidence as annexure. The Court examined the deposit, the nature of the alleged offences, and the petitioner’s antecedents, and considered the provisions of Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023. It granted bail on the condition of a Rs. 10,000 bond, two sureties of equal amount, and compliance with the stipulated conditions, provided the petitioner surrenders within eight weeks.
Issues considered
- Whether the petitioner is entitled to bail for offences under Sections 316(2), 318(4) and 3(5) of the Bhartiya Nyaya Sanhita, 2023
- Whether the prior deposit of the alleged embezzled amount influences the grant of bail
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
- Bhartiya Nyaya Sanhita, 2023 — s. 316(2), 318(4), 3(5)
Subjects
- bail
- embezzlement
- government funds
- criminal procedure
- Bhartiya Nyaya Sanhita
- Bhartiya Nagrik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.347 of 2026
Arising Out of PS. Case No.-213 Year-2025 Thana- BHARGAMA District- Araria
======================================================
Chandeshwari Mehta @ Chandeshwari Prasad Mehta Son of Late Nakchhedi
Mehta Resident of Paikpar, Ward no. 10, P.S -Bhagama, Dist- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amit Kumar Anand
For the Opposite Party/s : Mr.Umeshanand Pandit
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 21-01-2026 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 316(2), 318(4) and
3(5) of the Bhartiya Nyaya Sanhita, 2023.
3. As per F.I.R., this petitioner is alleged to have
embezzled government fund to the tune of Rs. 7,31,049/-, which
was allotted by the department for construction of godown.
4. Learned counsel for the petitioner submits that the
alleged defalcated amount has already been deposited by the
petitioner in the account of the Purnia District Central Co-
operative Bank Ltd., Purnia on 12.09.2025, vide Annexure – 2
to the bail petition. Petitioner claims clean antecedent.
5. In the facts and circumstances of the case, let the
Patna High Court CR. MISC. No.347 of 2026(2) dt.21-01-2026
2/2
above named petitioner, in the event of arrest/surrender within a
period of eight weeks from today, 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
J.M. 1st Class, Araria in connection with Bhargama P.S. Case
No. 213 of 2025, subject to condition as laid down under
Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
anay
U T
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