Created by Fuzzy Cloud

Patna High Court

Chandeshwari Mehta @ Chandeshwari Prasad MehtaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


Continue reading with your account

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

Sign in to read

Checking your session…

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