Patna High Court
Sudha DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court held that anticipatory bail should be granted, subject to conditions, as the allegations amounted only to delayed execution and the petitioner has a clean antecedent.
Summary
Sudha Devi, President of a work execution committee, was named in an FIR for alleged misappropriation of Rs. 13 lakh allotted for the Nal Jal Yojana, charged under IPC Sections 420, 406 and 34. She contended that the project faced delayed execution and that a letter from the Block Development Officer confirmed work completion to the tune of Rs. 12,78,416, asserting her clean antecedents. The State opposed her anticipatory bail application. The Court, after considering the factual submissions, found that the prima facie allegation amounted only to delayed execution and, given her clean record, ordered anticipatory bail subject to surrender within four weeks, a bail bond of Rs. 10,000 and two sureties, invoking Section 438(2) CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita. The bail was granted with the stipulated conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in view of the allegations of misappropriation under IPC Sections 420, 406 and 34.
- Whether the alleged delayed execution of the project constitutes a sufficient ground to deny bail.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Criminal Procedure Code — s. 438(2)
- Indian Penal Code — s. 34, 406, 420
Subjects
- anticipatory bail
- misappropriation
- Nal Jal Yojana
- IPC 420
- IPC 406
- IPC 34
- Section 438 CrPC
- Section 482 B.N.S.S.
- delayed execution
- public procurement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41800 of 2026
Arising Out of PS. Case No.-12 Year-2021 Thana- KALYANPUR District- Samastipur
======================================================
Sudha Devi W/o Kamod Kumar Yadav Resident of Village- Manorathpur
,Police Station- Kalyuanpur, Dist- Samastipur
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Shambhu Nath Jha, Advocate
For the Opposite Party/s : Mr.Dilip Kumar No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 30-06-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The accused-petitioner, named in the F.I.R., is
apprehending her arrest in connection with Kalyanpur P.S. Case
No. 12 of 2021 registered for the offences punishable under
Sections 420, 406/34 of the Indian Penal Code.
3. As per FIR, petitioner alleged to misappropriate Rs. 13
Lakhs, which was allotted by the government for the purpose of
Nal Jal Yojana along with other accused persons. Petitioner was
the President of work execution committee of Ward No. 2, Gram
Panchayat Raj, Simariya Bhindi, District – Samastipur.
4. Learned counsel appearing on behalf of the petitioner
submitted that it is a case of delayed execution, as the project was
not executed within time due to certain hardship. It is pointed out
that office of the Block Development Officer, Kalyanpur,
Patna High Court CR. MISC. No.41800 of 2026(2) dt.30-06-2026
2/2
Samastipur issued letter dated 11.05.2026, stating therein that
work execution was completed to the tune of Rs. 12,78,416/-,
which is Annexure P/3 of the present bail petition and, therefore,
no allegation, as alleged, survived against this petitioner, who
claimed to be a lady of clean antecedent.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. In view of the aforesaid factual submissions and by
taking note of the fact as prima facie maximum allegation appears
against this petitioner is of delayed execution of project, where
petitioner is a lady of clean antecedent, accordingly, above-named
petitioner, in the event of her arrest/surrender within a period of
four weeks from this order, is directed to be enlarged on bail on
furnishing of bail bond of Rs.10,000/- (ten thousand only) with
two sureties of the like amount each to the satisfaction of learned
Chief Judicial Magistrate, Samastipur/concerned court in
connection with Kalyanpur P.S. Case No. 12 of 2021, subject to
the conditions as laid down under Section 438(2) of the
Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita
(in short “B.N.S.S.”).
(Chandra Shekhar Jha, J)
Rajeev/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.