Patna High Court
AVDHESH SAH @ AWADHESH SAHversusTHE STATE OF BIHAR
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The High Court granted anticipatory bail to the petitioner, subject to a bail bond and sureties, exercising its power under Section 482(2) of the CrPC.
Summary
The petitioner, Avdhesh Sah, sought anticipatory bail in connection with a 2019 case alleging criminal breach of trust, forgery, cheating and related offences under IPC sections 406, 409, 420, 467 and 468. He was accused of diverting government funds to his cousin and a brick‑kiln firm and tampering with ward registers. The petitioner argued that the recipients of the funds were not made co‑accused, that the transfers required joint signatures of the ward member and secretary, and that a B.D.O. report showed the related work was completed with no violations. The State opposed the bail. The High Court, noting the B.D.O. report and the lack of direct evidence linking the petitioner to the alleged misappropriation, exercised its inherent powers under Section 482(2) of the CrPC and granted anticipatory bail subject to a bond and sureties.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite allegations under IPC sections 406, 409, 420, 467 and 468.
- Whether the absence of co‑accused recipients and the B.D.O. report indicating completion of work affect the grant of anticipatory bail.
- Whether the High Court can exercise its inherent powers under Section 482 CrPC to release the petitioner on anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 406, 409, 420, 467, 468
Subjects
- anticipatory bail
- criminal breach of trust
- forgery
- cheating
- IPC sections 406 409 420 467 468
- Section 482 CrPC
- high court inherent powers
- government fund embezzlement
- ward implementation committee
- BDO report
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3533 of 2026
Arising Out of PS. Case No.-236 Year-2019 Thana- RUNISAIDPUR District- Sitamarhi
======================================================
Avdhesh Sah @ Awadhesh Sah S/O Yogendra Sah Resident Of Village-
Lalpur, P.S.- Runnisaidpur, District- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vikash Kumar Jha, Adv.
For the Opposite Party/s : Mr.Parmeshwar Mehta, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Runnisaidpur P.S. Case No. 236 of 2019 dated
11.06.2019 registered for the offence punishable under Section/s
406, 409, 420, 467, 468 of the Indian Penal Code.
3. As per the prosecution case, the accusation against
the petitioner is of embezzling government funds by transferring
money from government accounts of other wards to the account
of his close cousin Sundar Sah and transferring Rs. 2,40,000/-
from the account of Ward No.6 to the account of RBR Brick
Industry and, as also, of tampering with the register, cash
register and the scheme register of the Ward Implementation
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Committee.
4. Learned counsel for the petitioner submits that as
per complaint petition, a sum of Rs. 2 lacs are said to have been
credited in the account of cousin of the petitioner while Rs. 2.4
lacs were credited in the account of some brick-kiln industry,
whereas, those two persons, who are the recipients, in question,
have not been made accused in this case and, for such transfer,
the petitioner cannot be held responsible. No reasons have been
assigned for not making them accused, while these amounts are
the only reason to connect this petitioner in this case. It is the
case of the petitioner that the amount, in question, could not
have been transferred from the account of the Ward Executive
and Implementation Committee, which is to be operated under
the joint signature of the Ward Member and the Ward Secretary
and, in such transfer, the petitioner may not have any role to
play.
5. It is next submitted that the petitioner, for ulterior
reasons, has been roped in this case while, the work alleged was
examined by the B.D.O., Runnisaidpur and the report contained
in letter no. 766 dated 17.05.2025, which is said to have been
appended with this petition, clearly shows that the work, in
question, in respect of the ward, in question, is said to have been
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found to be complete as against the amount, which was
allocated in respect of the respective ward. Counsel for the
petitioner further submitted that the petitioner bears one
antecedent not akin to the allegation of the kind, which is
leveled in the instant F.I.R., in which the petitioner is already on
bail.
6. Learned APP for the State opposes the prayer for
grant of anticipatory bail.
7. Considering the fact that the report of the B.D.O.,
Runnisaidpur, categorically finds the work under Nal Jal Yojana
to be complete, which is said to have been floated by the Chief
Minister for giving access of tap water in the house of the
Panchayat and the report does not reflect any violation, this
Court is inclined to grant privilege of anticipatory bail to the
petitioner.
8. Accordingly, let the petitioner, above named, be
released on anticipatory bail in the event of his arrest or
surrender before the court below within a period of four weeks
from today on furnishing bail bond of Rs. 10,000/- (rupees ten
thousand) with two sureties of the like amount each to the
satisfaction of learned Chief Judicial Magistrate, Sitamarhi in
connection with Runnisaidpur P.S. Case No. 236 of 2019,
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subject to the condition as laid down under Section 482(2) of
the B.N.S.S.
(Ajit Kumar, J)
rishi/-
U T
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