Tanun Miyan @ Ainul Miyan @ Md. AenulversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40102 of 2026
                    Arising Out of PS. Case No.-43 Year-2023 Thana- KOTWA District- East Champaran
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                 Tanun Miyan @ Ainul Miyan @ Md. Aenul Son of Gulzar Miyan Resident Of
                 Village -Maharani Bhopat, Ps -Kotwa, District- East Champaran
                                                                              ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Karandeep Kumar
                 For the Opposite Party/s :       Mr.Dilip Kumar No. 1
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   22-06-2026                    Heard the parties.

                           2. The accused/petitioner is named in the FIR and

                   apprehending his 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 petitioner is to defalcate 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 petitioner that allegation is completely

                   motivated due to political enmities as the petitioner

                   completed the work against the alleged defalcated amount
Patna High Court CR. MISC. No.40102 of 2026(2) dt.22-06-2026
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          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 petitioner was 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 petitioner with

          allocated amount. Petitioner is a man of clean 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, above named petitioner, in the event of his

          arrest or surrender in the court below within a period of four

          weeks, is directed to released on bail upon furnishing bail
               Patna High Court CR. MISC. No.40102 of 2026(2) dt.22-06-2026
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                         bond of Rs.10,000/- (Rupees Ten Thousand) each with two

                         sureties of the like amount each to the satisfaction of the

                         learned Chief Judicial Magistrate, 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.)
S.Tripathi/-

U       T