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Patna High Court

Manoj Kumar ThakurversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court held that, given the prima facie evidence of financial irregularity and the petitioner’s failure to produce supporting documents, anticipatory bail could not be granted.

Summary

The petitioner, Manoj Kumar Thakur, sought anticipatory bail after being implicated in a case of alleged misappropriation of Rs. 42,09,375 from the Mandir Nyas Samiti where he served as cashier. The prosecution alleged that he diverted the funds, charging him under sections 316(4) and 318(4) of the B.N.S. 2023. The petitioner contended that the current cashier and a computer operator had withdrawn the money during his tenure and that he had invested the amount in temple construction work as directed by the authorities, but he could not produce vouchers or registers to substantiate his claim. The court examined the material, noting the prima facie nature of the financial irregularity and the lack of documentary evidence from the petitioner, and observed that the Additional Sessions Judge had also denied anticipatory bail. Consequently, the court rejected the petition for anticipatory bail.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under sections 316(4) and 318(4) of the B.N.S. 2023 in view of the alleged misappropriation.
  • Whether the petitioner has demonstrated sufficient grounds and evidence to justify the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • misappropriation
  • financial irregularity
  • B.N.S. 2023
  • sections 316 318
  • criminal procedure
  • bail denial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37573 of 2025
                  Arising Out of PS. Case No.-358 Year-2024 Thana- SINGHESHWAR District- Madhepura
                 ======================================================
                 Manoj Kumar Thakur Son of Late Indra Narayan Thakur Resident of village -
                 Panda Tola, Gauripur, Ward No.- 3, Nagar Panchayat Singheshwar, P.S.-
                 Singheshwar, District - Madhepura.

                                                                                ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    rakesh kumar srivastava, son of late arun kumar srivastava r/o vill- chanda
                 talkies, road madhepura, ward no. 21, ps and distt- madhepura

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Uday Chand Prasad
                 For the Opposite Party/s :      Mr.Nand Kishore Prasad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

8   20-02-2026          1. Heard the parties.

                        2. The petitioner apprehends his arrest in connection with

                   Singheshwar P.S. Case No. 358 of 2024 dated 09.09.2024

                   registered under section 316(4), 318(4) of the B.N.S. 2023.

                        3. The prosecution case in short is that the petitioner

                   misappropriated an amount of Rs. 42,09,375/- of the Mandir

                   Nyas Samiti, Singheshwar while working on the post of Cashier.

                        4. Learned counsel for the petitioner submits that petitioner

                   is innocent and he has not committed any offence in the manner

                   alleged. He submits that Rakesh Kumar Srivastava the present

                   Cashier and Sravan Kumar, Computer Operator have withdrawn

                   the amount in the period of petitioner which was expend by the
Patna High Court CR. MISC. No.37573 of 2025(8) dt.20-02-2026
                                            2/3




          petitioner in Mandir work and requested to adjust the amount

          from the bill voucher. The said Rakesh Kumar Srivastava after

          taking charge of Nyas Samiti as Cashier has levelled false

          charges against the petitioner with oblique motive in relation to

          misappropriation of money of the Mandir. The petitioner in his

          show cause reply has taken a defense that he invested the

          amount in different construction work and miscellaneous work

          of the Mandir upon the direction of the authorities of Mandir

          Nyas Samiti. The petitioner on several occasion went to Bank

          for depositing the amount in coin and Nepali note but the Bank

          authority refused to receive the said amount. Petitioner several

          times produced the account register, cash register, bank panji,

          coin panji before the Manager, Treasurer and the then Secretary

          but due to their busy work schedule they did not sign the

          registers.

               I have heard learned counsel for petitioner and perused the

          material on record. Taking into consideration nature of

          allegation and the fact that prima facie it is a case of financial

          irregularity coupled with fact that learned Additional Sessions

          Judge-2, Madhepura while refusing the prayer for anticipatory

          bail has taken note of the fact that the petitioner failed to

          produce any evidence/vouchers in respect of expenditure and
               Patna High Court CR. MISC. No.37573 of 2025(8) dt.20-02-2026
                                                           3/3




                         informant including other witnesses in paragraph nos. 2, 3, 20,

                         32 & 47 has supported the prosecution case, as such, I am not

                         inclined to grant anticipatory bail to the petitioner. The same is

                         rejected.



                                                  (Anil Kumar Sinha, J)
praful/-

U          T


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