Patna High Court

Smt. Madhu Gupta @ Madhu GuptaversusThe State of Bihar

Decided: 19 February 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

The court held that anticipatory bail cannot be granted where the accusation is specific, direct and of grave nature.

Summary

Madhu Gupta, a former headmistress, was arrested in connection with alleged obstruction of the Mid‑Day Meal Scheme after being suspended for irregularities. The prosecution alleged that despite suspension she continued to occupy the school and hindered the scheme, charging her under Sections 329(3), 132, 318(2) and 316(5) of the B.N.S. The petitioner sought anticipatory bail, claiming innocence and a clean record. The State opposed the bail, emphasizing the specific and grave nature of the accusations. The court examined the seriousness of the charges and the direct involvement of the petitioner, concluding that granting bail would be inappropriate. Consequently, the anticipatory bail petition was rejected.

Issues considered

Whether anticipatory bail should be granted to the petitioner given the specific and grave nature of the accusations under the B.N.S.

Legislation cited

B.N.S. — s. 132, 316(5), 318(2), 329(3)

Subjects

anticipatory bail
suspension
mid‑day meal scheme
obstruction of public service
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.4357 of 2026

                     Arising Out of PS. Case No.-200 Year-2025 Thana- BANMANKHI District- Purnia
                 ======================================================
                 Smt. Madhu Gupta @ Madhu Gupta W/O Pradeep Gupta R/O Village-
                 Bishanpur Datt, P.S- Banmankhi, Distt.- Purnea.

                                                                                 ... ... Petitioner/s
                                                      Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :       Mr. Ajit Kumar Singh, Advocate
                 For the State           :       Mr. Humayou Ahmad Khan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   19-02-2026                  Heard learned counsel appearing on behalf of the

                   petitioner and learned APP appearing on behalf of the State.

                                2. The petitioner apprehends her arrest in a case

                   registered for the offence punishable under Sections 329(3),

                   132, 318(2) and 316(5) of the B.N.S..

                                3. The prosecution case, in nutshell, is that informant,

                   who is working as the District Programme Officer, Mid-Day

                   Meal Scheme, Purnea alleged that this petitioner, who happens

                   to be former In-charge Headmistress of Primary School, Sharma

                   Tola Bishanpur Dat Banmankhi, forcibly prevented the

                   operation of Mid-Day Meal Scheme in the school for the past
Patna High Court CR. MISC. No.4357 of 2026(2) dt.19-02-2026
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          two days. It is noteworthy that the petitioner was suspended for

          various irregularities vide Letter No. 1263 dated 22.04.2025 by

          the District Program Officer Establishment, however, despite

          two months having been passed, she had neither joined the

          suspension headquarter determined by the said letter nor she has

          handed over the charge of the school to the replacement and she

          is illegally coming to the school everyday and created obstacles

          in the functioning of the school.

                       4. It is submitted by learned counsel appearing on

          behalf of the petitioner that petitioner is quite innocent and has

          committed no offence. Petitioner has falsely been implicated in

          this case with ulterior motive. Petitioner is a lady and claims

          clean antecedents.

                       5. On the other hand, learned A.P.P. for the State has

          vehemently opposed the prayer for grant of anticipatory bail to

          the petitioner and submitted that petitioner is named in the F.I.R.

          with specific accusation that despite being suspended from her

          services, she has neither left charge of the school and is also

          creating hindrance in operation of the Mid-Day Meal scheme.

                       6. Considering the facts and circumstances of the

          case, specific and direct nature of accusation and gravity of
             Patna High Court CR. MISC. No.4357 of 2026(2) dt.19-02-2026
                                                         3/3




                       offence, the prayer for grant of anticipatory bail to the petitioner

                       is rejected.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T

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