Rani Mishra @ Rani Kumari DeviversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36524 of 2026
                    Arising Out of PS. Case No.-43 Year-2023 Thana- KOTWA District- East Champaran
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           1.     Rani Mishra @ Rani Kumari Devi Wife of Shri Pappu Mishra Resident of
                  Village-Barva Tiwari Tola, Panchayat-Maharani Bhopat, Police Station-
                  Pipra, District-East Champaran.
           2.    kundan Kumar Son of Shri Ram Narayan Thakur Resident of Village-Barva
                 Kanth Chhapra, Panchayat-Maharani Bhopat, Police Station-Pipra, District-
                 East Champaran.
                                                                         ... ... Petitioners
                                                Versus
           1.    The State of Bihar
           2.    Mr. Ramadhar Sharma Son of Shri Mainejar Sharma Resident of Village-
                 Murali, Post-Bhada Murali, Via-Dariyapur, Police Station-Sangrampur,
                 District-East Champaran. (ie. Informant/the then Panchayat Secretary) The
                 Panchayat Secretary of Gram Panchayat Raj Maharani Bhopat, Block-
                 Kotwa, District-East Champaran,
           3.    Mr. Ajay Kumar son of Late Bhola Ray Resident of Village-Jagirahan, Post-
                 Bijdhari, Police Station-Kesariya, District-East Champaran. At present the
                 Technical Assistant / Junior Engineer, Panchayati Raj Department, Block-
                 Kotwa, District-East Champaran.
           4.     Mr. Abhimanyu Kumar The present Panchayat Secretary of Gram Panchayat
                  Raj Maharani Bhopat, Block-Kotwa, District-East Champaran. Bihar
                                                                      ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Manoj Kumar, Advocate
                 For the Opposite Party/s :       Mr.Murli Dhar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   15-06-2026             Heard learned counsel for the petitioners and learned

                   Additional Public Prosecutor for the State.

                           2. The accused/petitioners are named in the FIR and

                   apprehending their arrest in connection with Kotwa P.S.

                   Case No.43 of 2023 registered under Sections 409 and 420

                   of the Indian Penal Code.

                           3. Allegation against the petitioners is to defalcate
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          Rs. 4,69,895/- out of allotted amount of Rs. 12,12,000/-

          given for Nal Jal Yojana of the government as to execute

          work in Gram Maharani Bhopat, Block Kotwa, District-

          East Champaran under Ward No. 2.

                  4. It is submitted by learned counsel appearing on

          behalf of the petitioners that the allegation is completely

          motivated due to political enmities as the petitioners

          completed the work against the alleged defalcated amount

          of Rs. 4,69,895/- as it is clear from Annexure- P/2 which is

          a certificate dated 16.03.2026 issued by Panchayat

          Secretary. It is pointed out that intentionally the present

          ward member did not supply bill vouchers to the concerned

          Junior Engineer, therefore, he could not arrive on the

          conclusion qua utilization of funds and, therefore, on the

          basis of suspicion, the petitioners were implicated.

                  5. It has further been pointed out that Annexure- P/2

          which is the certificate of the Panchayat Secretary

          categorically stated that there is no dues against the

          petitioners as measurement book categorically suggest that

          the work done was completed by the                   petitioners with

          allocated amount. Both the petitioners are of clean
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                     antecedent.

                             6. Learned APP opposes the prayer of anticipatory

                     bail.

                             7. In view of aforesaid factual submission and by

                     taking note of the fact as prima facie the allegation of the

                     defalcation appears doubtful in view of Annexure- P/2,

                     accordingly, both above named petitioners, in the event of

                     their arrest or surrender in the court below within a period

                     of four weeks, are directed to release on bail upon

                     furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)

                     each with two sureties of the like amount each to the

                     satisfaction of the learned Additional Chief Judicial

                     Magistrate - Xth, East Champaran, Motihari in connection

                     with       Kotwa P.S. Case No.43 of 2023, subject to the

                     conditions as laid down under Section 438(2) of the

                     CrPC/under Section 482(2) of the B.N.S.S.


                                                                   (Chandra Shekhar Jha, J)
Rajeev/-

U      T