Patna High Court
Rajesh Kumar @ Rajesh Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was not granted to the petitioner.
Summary
The petitioner, Rajesh Kumar, a municipal employee, applied for anticipatory bail fearing arrest in a case registered under Sections 406 and 409 of the Indian Penal Code for alleged defalcation of Rs. 6,65,912. The High Court examined the seriousness of the alleged financial loss and the nature of the offences. Considering the magnitude of the alleged misappropriation, the Court was not inclined to grant anticipatory bail. Consequently, the application was dismissed and the petitioner was ordered to surrender within two weeks to seek regular bail. The order was communicated to the Superintendent of Police for enforcement.
Issues considered
- Whether anticipatory bail should be granted to the petitioner accused of criminal breach of trust and dishonest misappropriation under IPC Sections 406 and 409.
Legislation cited
- Indian Penal Code — s. 406, 409
Subjects
- anticipatory bail
- criminal breach of trust
- defalcation
- IPC 406
- IPC 409
- bail jurisdiction
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43746 of 2025
Arising Out of PS. Case No.-29 Year-2024 Thana- SURSAND District- Sitamarhi
======================================================
Rajesh Kumar @ Rajesh Kumar Singh S/o Ram Ujaagar Singh Resident of
Village-Ratanpur, Post and P.S.- Begusarai, District-Begusarai
... ... Petitioner/s
Versus
1. The State of Bihar
2. Devanand Kumar S/o- Ramanand Ray At present- Executive Magistrate,
Nagar Panchayat, Sursand, Sitamarhi
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Ritambhara Kumari, Advocate
For the State : Mr.Upendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 21-01-2026 Heard learned counsel for the petitioner; learned
A.P.P. for the State and learned counsel for the Nagar Panchayat,
Sursand.
2. The petitioner apprehends arrest in connection
with Sursand P.S. Case No. 29 of 2024 instituted under
Sections406 and 409 of the Indian Penal Code.
3. The petitioner being the office attendance in the
office of Nagar Panchayat, Sursand, Sitamarhi is accused of
defalcating Rs. 6,65,912/-.
4. Considering the allegation of huge defalcation, I
am not inclined to grant anticipatory bail to the petitioner.
5. Accordingly, the application stands dismissed.
Patna High Court CR. MISC. No.43746 of 2025(4) dt.21-01-2026
2/2
6. The petitioner is directed to surrender within two
weeks from today and prays for regular bail, failing which the
Superintendent of Police, Sitamarhi will take all steps for arrest
of the petitioner.
7. Let a copy of this order be communicated to the
Superintendent of Police, Sitamarhi through FAX or e-mail for
its compliance.
(Sandeep Kumar, J)
P. Kumar
U T
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